Privacy Policy

SALSA WEBSITE AND SALSA MOBILE APP

INTERPRETATION

The Terms and Conditions contain herein may have phrases which have a specific meaning in this document.

Unless there is any indication to the contrary in the terms and conditions, any references to any gender includes the other genders, a natural person includes a legal person and vice versa, the singular includes the plural and vice versa.

Definitions

The following expressions shall bear the meanings assigned to them below.

  • Third Party Websites” means websites other than the Salsa site;
  • Access” whether for Salsa site of third party site means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website or to download the Salsa Mobile APP ;
  • Branded Sites” means Salsa pages and websites hosted by or located on the Social Networks or the downloading of the Salsa Mobile APP;
  • Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have Access to as part of, or through your use of, the Sites;
  • “the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
  • “Facebook” means Facebook Inc. as well as the social network located at http://facebook.com, as the context dictates;
  • “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know–how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which is owned by Salsa on the Sites;
  • “Salsa” means Salsa’s officers, servants, agents, representatives or contractors or other persons in respect of whose actions Salsa may be held to be vicariously liable;
  • “know–how” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with the Sites, as well as all available information regarding marketing and promotion of the products and services described in these Terms and Conditions, as well as all and any modifications or improvements to any of them;
  • “Post” means to upload, publish, transmit, share or store;
  • “Promotional Competition Rules” means the general terms and conditions governing all Salsa’s promotional competition rules uploaded on the Salsa website or downloading on the Salsa mobile APP.;
  • “Social Networks Terms of Use” means the terms and conditions governing the Social Networks’ services and/or platforms from time to time;
  • “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
  • “Social Networks” means online social networks, social media generally and similar communication tools including, but not limited to, blogs, Facebook and Twitter or any Mobile APP;
  • “The Sites” means This Website and the Branded Sites (“Site” is a reference to any one of the Sites, as the context permits or indicates);
  • “Terms and Conditions” means these Terms and Conditions of use, as amended from time to time;
  • “Trademarks” means those trademarks we own (or which We are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of and applications for any of same;
  • “Twitter” means Twitter Inc. as well as the social network and messaging platform tools accessible through http://twitter.com;
  • “This Website or Salsa Mobile APP” means Salsa website located at Salsamexicangrill.co.za or the Salsa Mobile APP downloaded by you;
  • “you” means the person who uses the website, the Salsa application or Facebook
  • “”user/s” means, in the context of Content or the Sites, anyone who accesses the Sites within the meaning of the term “Access” above.

INTRODUCTION TO THE SALSA WEBSITE AND SALSA MOBILE APPLICATION.

1          You may Access the Salsa Sites on condition that you accept the Terms and Conditions of this Salsa Site without any modifications to them by you. These Terms and Conditions constitute a binding agreement between you and Salsa.

2          It important that you familiarize yourself with the terms and conditions carefully and ensure that you understand and accept them.

3          If you access the Salsa site or have downloaded the Salsa Mobile APP It will be taken that you have read and understood the terms and conditions of access and agree to them.  Please do not access the Salsa site or download the Salsa Mobile APP if you do not agree to the terms and conditions set out herein.

4          We reserve the right to amend these Terms and Conditions at any time and in any way at our sole discretion and you agree to this.

5          Any amendments to the terms and conditions on the Salsa  website or the Salsa Mobile APP will be published on this Website and you will therefore be notified of same, and the amendment will come into effect immediately on notification on the Salsa  website.

6          Once again the responsibility lies with you as user to acquaint yourself with the terms and conditions of the website and Salsa Mobile App and any amendments to the terms and conditions from time to time. You may not access the Salsa website of Salsa Mobile App If You do not agree with any amendments.

7          Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on the Salsa Sites. None of these Terms and Conditions are intended to limit the rights granted you by the ECT Act.

IMPORTANT PROVISIONS PERTAINING TO LEGAL LIABILITY

8          Salsa’s Terms and Conditions contain provisions which limit the exposure of Salsa legal liability and you are responsible for a variety of actions. Some of these provisions will have the effect of limiting your rights in law as a result of not adhering to the Salsa’s terms and conditions.

CHANGES TO SALSA’S SITES AND SALSA’S MOBILE APP

9          Salsa may at it sole and absolute discretion add features or discontinue existing features without any notification to the user and you by using the site give your consent thereto or else you must cease using the  Salsa site

LEGAL CAPACITY

10        If you lack legal capacity you are not entitled to access the Salsa site and you have no capacity to accept the terms and conditions thereof (i.e. you are a minor). You may also not access the Salsa site if you have been barred in any way by the laws of the Republic of South Africa or any other country. By you using the Salsa site and Salsa Mobile App you thereby warrant that you have the legal capacity or have your parent’s consent to enter into an agreement on the terms and conditions set out herein.

NON USE OF THE SALSA WEBSITE AND SALSA APP

11        The contents of the Salsa site or the Salsa Mobile APP may not be suitable for all users. Salsa will take the necessary steps to monitor and remove offensive material; however, it is your responsibility solely not to have sight of offensive content.

12        The Salsa website may contain access to other sites. You may be directed to other third party websites which may include social networks. In the event of opting to use any 3rd Party Websites, your use of same will be subject to both these Terms and Conditions and the Terms and Conditions applicable to those third party websites. By you using third party websites or third party App’s you are deemed to have accepted the terms and conditions of both Salsa’s and other third party websites and third parties APP.

Registration

13        If you wish to access the Salsa site or Salsa Mobile APP you may be required to register on the Salsa website or Salsa Mobile APP. Registration is achieved using a registration form available on the Sites (where you register with the Social Networks to Access the Branded Sites or downloading the Salsa Mobile APP and registering. You grant permission to the Social Networks to pass certain of your personal information to Us to enable You to Access the Sites). Registration with the Social Networks is subject to the Social Networks’ Terms and conditions of use.

14        On registration on the website or the downloading the Salsa Mobile APP You may be asked to select a user name and password which will be used by you to secure your account. On completion of the registration You will be able to log into your account using your user name and your password or your relevant account information with your preferred authentication service.

15        In order to successfully complete the registration process, you are required to submit information about yourself (“Registration Data”). The use of your Registration Data is dealt with in our Privacy Policy below, and forms part of the terms and conditions.

16        You warrant that the Registration Data is accurate, current and complete. Access will be denied to the Salsa site or the Salsa APP if you breach this warranty.

17        We will take steps to verify your Registration Data once you have registered on the website or downloaded and registered in terms of the Salsa Mobile APP. You agree to this verification process and irrevocably consent to Us gaining Access to relevant information held by third parties (including, but not limited to the Social Networks) which may be required to reasonably complete the verification process. You acknowledge and agree that Access to the Sites may be limited until such time as the verification process has been successfully completed.

18        Should You not agree to the verification process as contemplated above or withhold your consent, your Access to the Sites, or the Salsa Mobile APP generally, may be suspended or terminated. You furthermore waive any rights to claim against Salsa’s, officers, directors, employees, servants, agents and/or contractors arising out of our denial of Access to You to the or Salsa Mobile APP .

19        Security to the Salsa website or Salsa Mobile App is your sole and absolute responsibility. You personally are responsible for maintaining and promptly updating the Registration Data and any other information that you may have provided to us. If You believe that information or content posted to the Sites or downloaded from the Salsa Mobile APP infringes on any person’s rights in any way, you will notify Us immediately.

20        If You believe the security of your registration on the Sites or Salsa Mobile APP has been compromised in any way, you will notify Us (in the case of This Website) or the relevant Provider (in the case of the Branded Sites) immediately.

21        You shall be held fully responsible for any misuse or compromise to your account which We are not properly notified about; and if any security violations are believed to have occurred in association with your account, we reserve the right to suspend Access to your account pending an investigation and resolution.

USERS’ CODE OF CONDUCT

22        You may not Access the Content or the Sites for unlawful, immoral or illegal purposes. You furthermore agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers’ terms.

23        You agree to adhere to generally acceptable Internet and email etiquette. In this regard, without being limited to the examples listed below, you agree not to:

23.1    engage in any abuse of email or spamming, including, without being limited to – the Posting or cross–Posting of unsolicited Content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who You may be connected to using 3rd Party services (including, but not limited to the Social Networks) to Access the Sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining Us and Accessing the Sites or other communications You send them from Us);

23.2    Be involved in any activity intended to entice, solicit or otherwise recruit website users to join an organization except where Salsa expressly authorize such activities in writing;

23.3    take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything Posted or transmitted through the Sites;

23.4    you are not allowed to use the Salsa site to submit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;

  • use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
  • use the Sites in any manner which could damage, impair, overburden or disable the Sites or interfere with any other Party’s Access to the Sites;
  • use the Sites to Post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
  • gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
  • violate the privacy of any person or attempt to gain unauthorized Access to the Sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
  • .Should You engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights w may have, to hold you liable for any costs we incur as a result of your misconduct.

PROMOTIONAL COMPETITIONS

24        We may conduct promotional competitions from time to time on one or more of the Sites. While those promotional competitions will have specific terms and conditions which apply to and govern those promotional competitions, the Promotional Competition Rules will apply to and govern all promotional competitions unless we specify otherwise in writing.

OUR OFFER TO YOU

25        We offer you a personal, revocable, worldwide, royalty–free, non–commercial, non–transferrable and non–exclusive license to Access the Content on the Salsa Sites and the Salsa Mobile APP. This license is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions.

26        Unless we have given You specific written permission to do so, you may not transfer, through an assignment of rights, sub–license or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites.

27        To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted, you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.

28        You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.

YOUR ACKNOWLEDGEMENT TO US

29        We do not claim any ownership rights in the content that you post to the Sites. You retain any rights that you may already have in your Content when you post your content to or otherwise Access the Sites, subject to the limited license you grant to us.

30        By posting any content on or through the Sites, you grant us an irrevocable, non–exclusive, commercial, fully–paid, royalty free, transferrable and worldwide license to moderate, use, modify, delete from, add to, publicly perform, publicly display, reproduce, commercialize or otherwise distribute such Content on or through the Sites including without limitation, distributing part or all of the Sites or Content in any media formats and through any media, partners’ or affiliate channels and make use of the Content in our advertising campaigns.

OTHER MATTERS YOU SHOULD BE AWARE OF

31        Because you can only lawfully license Content you have certain rights in, you represent and warrant that:

  • You own the Content You Posted on or through the Sites or otherwise have the right to grant the license set forth in this section, and
  • Posting your Content on or through the Sites does not violate the privacy rights, publicity rights, copyright, contractual rights or any other rights of any person or entity.

PRIVACY POLICY

34        We shall take reasonable steps to protect your personal information. For the purposes of this clause “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.

What We collect

35        We may electronically collect, store and use personal information. If you don’t consent to the collection and storage of Your personal information, please do not Access or register on the Sites. Before any of your personal information is used, you will be asked to consent, and such request for consent will be sent to you via email. This personal information includes, but is not limited to, the following:

  • name and surname;
  • gender;
  • the services You may use on the Internet;
  • address and contact details including your –
  • your email address;
  • country of residence;
  • area or postal code; and
  • birthplace;
  • personal preferences;
  • non–personal browsing habits and click patterns; and
  • IP address.

WHAT WE DO WITH YOUR PERSONAL INFORMATION

36       We collect, store and use the personal information described in order to (but not limited to the following) –

  • enable you to create personal profile on the Sites and thereby Access the Sites;
  • enable you to make use of the Sites in the manner described on the Sites, from time to time;
  • enable other website users to find you on the website and connect to you;
  • communicate requested information to You, for example through user alerts;
  • communicate information to You regularly, for example through newsletters;
  • compile and maintain the website and member database;
  • register and/or authenticate users of and/or visitors to the website;
  • identify and take reasonable measures to prevent fraudulent uses of or Access to the website;
  • compile non–personal statistical information about browsing habits, click patterns and Access to the website;
  • attract advertisers by showing anonymized information about the database, for example demographics;
  • track database size and growth; and
  • track compliance of registrants and third parties with these Terms and Conditions.
  • Salsa only shares personal information with other companies or individuals outside of Salsa in the following limited circumstances:
    • If it has your consent. Salsa requires opt–in consent to share any of your sensitive personal information.
    • Salsa may provide such information to its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on Salsa’s behalf. Salsa requires that these parties agree to process such information based on its instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
    • Salsa has a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Promotional Competition Rules, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to Salsa rights, property or safety or of its users or the public as required or permitted by law.
    • If Salsa becomes involved in a merger, acquisition, or any form of sale of some or all of its assets,  Salsa will ensure the confidentiality of any personal information involved in such transactions and notify you before personal information is transferred and becomes subject to a different privacy policy.
  • In the event of you downloading the Salsa Mobile APP we may use the information collected from you when you register to
    • To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
    • To improve our website and mobile app in order to better serve you.
    • To allow us to better service you in responding to your customer service requests.

To administer a contest, promotion, survey or other site feature and to send periodic emails regarding your order or other products and services.37 Salsa may collect, maintain, save, compile, share, disclose and sell Your personal information subject to the following:

  • We shall not disclose Your personal information unless You consent to this (by agreeing to this Privacy Policy you consent to what personal information we collect from you and what we do with it as described in this Privacy Policy);
  • We shall disclose the information without your consent only where We are compelled to do so by law; and
  • We may compile, use and share any of the information that does not relate to a specific individual.

38        OPTING OUT

38        The personal information is collected either electronically (for example, through the use of cookies) or is provided voluntarily by Users.

39        We provide you with choice as to whether We send you information about special products and services in the future, and whether information is sent by Our franchisees, agents or 3rd party service providers. You may also change this choice in the future by contacting Us with this request, although it may also be necessary to contact any other organizations which have obtained Your information to indicate Your choice at this stage.

40        You may request details of Your personal information which We collect, store and use. The process You should follow is detailed in our Promotion of Access to Information manual, details of which are set out below.

41        Personal information collected from You may be deleted from the website and member databases when your account on the website is terminated for any reason.

42        In the event that Your personal information is inaccurately or incompletely reflected on the website, you agree that it is Your responsibility to notify Us of this fact and to supply Us with the accurate or complete information to enable Us to address your concerns.

Software and equipment

43        It is your responsibility to acquire and maintain, at your own expense, the computer hardware, software, communications infrastructure and Access accounts required to Access the Sites.

LIABILITY

DISCLAIMERS AND LIMITATION OF LIABILITY

44        YOUR USE OF AND RELIANCE ON THE SITES IS ENTIRELY AT YOUR OWN RISK. THE SITES ARE PROVIDED “AS IS”.

45        ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE SITES, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE SITES OR THE CONTENT OTHER USERS MAY PUBLISH TO THE SITES. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE SITES WITHOUT NOTICE TO YOU.

46        INFORMATION, IDEAS AND OPINIONS EXPRESSED ON OR THROUGH THE SITES SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE STRONGLY ADVISED TO SEEK PROFESSIONAL ADVICE BEFORE ACTING ON SUCH INFORMATION.

47        TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES THAT THE CONTENT PUBLISHED TO THE SITES (OR THE SITES THEMSELVES, FOR THAT MATTER) IS FIT FOR ANY PURPOSE OTHER THAN AS A REFERENCE WORK IN RESPECT OF THE CONTENT PROVIDED ON THE SITES.

48        WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE SITES, YOU AGREE THAT SALSA SHALL BE LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE SITES OR FROM YOUR INABILITY TO ACCESS THE SITES.

49        WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE SITES AVAILABLE TO YOU, AND KEEP THE SITES AVAILABLE TO YOU AT ALL TIMES. HOWEVER, YOU AGREE THAT WE SHALL NOT BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM THE UNAVAILABILITY OF, ANY INTERRUPTION IN OR YOUR ACCESS TO THE SITES (EITHER IN PART OR AS A WHOLE) FOR ANY REASON WHATEVER.

INDEMNITY

50        YOU HEREBY INDEMNIFY SALSA FROM ANY LOSS, DAMAGE, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE SITES OR BREACH BY YOU OF THESE TERMS AND CONDITIONS.

51        WE ARE NOT RESPONSIBLE FOR FILES AND DATA RESIDING ON YOUR ACCOUNT OR FOR ANY CONTRIBUTIONS YOU MAY HAVE MADE TO THE SITES. YOU AGREE TO TAKE FULL RESPONSIBILITY FOR FILES AND DATA TRANSFERRED AND YOUR CONTENT AS WELL AS TO MAINTAIN ALL APPROPRIATE BACKUP OF FILES AND DATA STORED ON OUR SERVERS.

RIGHTS INFRINGEMENT

52        If You are of the view that your rights have been infringed through the unlawful use of the Sites by registrants or third parties, you may address a complaint to Us which satisfies the following requirements and/or contains the following information:

  • he full names and address of the complainant;
  • the written or electronic signature of the complainant;
  • identification of the right that has allegedly been infringed;
  • identification of the material or activity that is claimed to be the subject of unlawful activity;
  • the remedial action required to be taken by the service provider in respect of the complaint;
  • telephonic and electronic contact details, if any, of the complainant;
  • a statement that the complainant is acting in good faith;
  • a statement by the complainant that the information in the take–down notification is to his or her knowledge true and correct.

Please either contact Us on the Sites or address your communications to:

  • name Jaie Norris
  • tel no 081 372 3982
  • Email Support@evolvetoday.co.za

53        We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Sites and/or suspension or termination of the offending registrant or third Party.

DEALINGS WITH 3RD PARTIES

54        LINKS TO AND FROM THE SITES FROM AND TO OTHER WEBSITES BELONGING TO OR OPERATED BY 3RD PARTIES (“LINKED WEBSITES”) DO NOT CONSTITUTE OUR ENDORSEMENT OF SUCH LINKED WEBSITES OR THEIR CONTENTS NOR DO WE NECESSARILY ASSOCIATE OURSELVES WITH THEIR OWNERS OR OPERATORS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND FAMILIARISING YOURSELF WITH ANY TERMS AND CONDITIONS WHICH WILL GOVERN YOUR RELATIONSHIP WITH SUCH THIRD PARTY.

55        WE HAVE NO CONTROL OVER LINKED WEBSITES AND YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES OR FOR ANY DAMAGE, DAMAGES OR ANY OTHER LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY SUCH CONTENT, INFORMATION, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH LINKED WEBSITES. YOU AGREE THAT WHERE YOU ACCESS LINKED WEBSITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

56        YOUR INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS WITH 3RD PARTIES WHICH ARE REFERRED TO OR LINKED FROM OR TO THE SITES IS SIMILARLY ENTIRELY AT YOUR OWN RISK AND ARE SOLELY BETWEEN YOU AND SUCH 3RD PARTY INCLUDING THE ACQUISITION, DISPOSAL, PAYMENT AND DELIVERY OF ANY GOODS OR SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH INTERACTION, CORRESPONDENCE OR BUSINESS DEALINGS.

Arbitration

57        If any dispute arises between Us regarding any provision of these Terms and Conditions, or its application or termination, then We agree that We will attempt to resolve our dispute informally by means of joint co–operation or discussion between the parties directly involved in the dispute within 5 days after that dispute arises or such extended time period as We may agree to with You.

58        In the event that We are unable to informally resolve our dispute, that dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Johannesburg.

59        To the maximum extent permissible by applicable law:

59.1    this clause shall constitute your irrevocable consent to the arbitration proceedings, and You shall not be entitled to withdraw your consent or to claim that You are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process;

  • Any award that may be made by the arbitrator:–
    • shall be final and binding;
    • will be carried into effect; and
    • may be made an order of any court to whose jurisdiction the parties to the dispute are subject.
  • Notwithstanding the aforegoing, nothing in this clause shall be construed as precluding either Party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause.
  • This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.

Governing law and jurisdiction

62        The Sites are controlled and maintained from our facilities in the Gauteng province of the Republic of South Africa. You irrevocably agree that the law of the Republic of South Africa shall govern the Sites and these Terms and Conditions.

63        You consent to the jurisdiction of the South Gauteng High Court, Johannesburg, South Africa in respect of disputes which may arise out of your Access to the Sites and these Terms and Conditions.

64        To the maximum extent permitted by applicable law, you also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court (in the event that we exercise proceedings in such Court) even though the value of a claim which We may have against You may exceed the ordinary monetary jurisdiction of the Magistrates Court.

Legal service of documents and notices

65        We choose the addresses below for all communication purposes under these Terms and Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature.

66        We may monitor your communications

67        Subject to the provisions of the RIC Act, You agree to permit Us to intercept, block, filter, read, delete, disclose and use all communications You send or Post to or using the Sites and/or to our staff and/or employees.

68        You agree and acknowledge that the consent You provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

Severability

69        Any provision in these Terms and Conditions which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms and Conditions, without invalidating the remaining provisions of these Terms and Conditions.

TERMINATION

70        If You breach any of these Terms and Conditions, We may immediately, automatically and without notice to You, terminate your Access to the Sites, and/or prohibit your future Access to the Sites, and/or take appropriate legal action against You (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to You of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved.

DISCLOSURES REQUIRED BY THE ECT ACT

71        Access to the Content on or through This Website and This Website itself are classified as “electronic transactions” in terms of the ECT Act and therefore You have the rights detailed in Chapter VII of the ECT Act and We have the duty to the disclose the following information:

72        Our full name and legal status: CHILANGO (Pty) Ltd t/a  Salsa Mexican Grill    Registration Number 2014/164680/07;

Physical address 478 James crescent Midrand, South Africa

Postal address: P O Box 2884 Midrand, South Africa

Main business: Casual sit down restaurants

Website address: www.salsamexicangrill.co.za

Official email address:famousbrands@dsg.co.za

ADVERTISING STANDARDS AUTHORITY

Codes of conduct to which We subscribe to

: Consumer Goods Council

Advertising Standards Authority

Governing Terms and Conditions: These Terms and Conditions.

Manual in terms of the Promotion of Access to Information Act 2 of 2000: May be requested from official email address.

Management:

Directors: Salsa Mexican Grill

Costs associated with the Access to and use of This Website: There are no costs associated with Access to This Website

Dispute resolution: Both as provided for in codes of conduct which we subscribe to as well as above

Cooling off period: Not applicable.

Complaints process: See clause above

General terms

You agree that:

  • You are bound by these Terms and Conditions;
  • this agreement shall be deemed to have been concluded in Johannesburg at the time You Access the Sites for the first time;
  • data messages addressed by You to Us shall be deemed to have been –
    • received if and when responded to;
    • sent by You within the geographical boundaries of the Republic of South Africa;
  • You shall be deemed to have been received data messages We address to You as detailed in section 23(b) of the ECT Act;
  • electronic signatures, encryption and/or authentication are not required for valid electronic communications between You and Us;
  • as well as warrant that data messages that You send to Us from a computer, IP address or mobile device normally used by You, was sent and/or authorized by You personally.

These Terms and Conditions constitute the whole agreement between You and Us relating to your Access to and use of the Sites.

No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms and Conditions which We may show, grant or allow You shall operate as an estoppel against Us in respect of its rights under these Terms and Conditions nor shall it constitute a waiver by Us of any of our rights and We shall not thereby be prejudiced or stopped from exercising any of its rights against You which may have arisen in the past or which might arise in the future.

Nothing in this agreement shall create any relationship of agency, partnership or joint venture between You and Salsa, and You shall not hold itself out as the agent or partner of Salsa or as being in a joint venture with Salsa.