LEGAL TERMS AND CONDITIONS FOR THE PIZZA HUT WEBSITE
This is version 1.0 of these Terms and Conditions. These Terms and Conditions were implemented on 1st September 2014. You may Access the Sites (defined below) on condition that You accept these Terms and Conditions as they are and without any modifications to them by You. These Terms and Conditions are a binding contract between You and Us so it is very important that You read them carefully and ensure that You understand and accept them. If You Access the Sites, We will take that to mean You have read and understand these Terms and Conditions and agree to them. If You do not agree with any provision contained in these Terms and Conditions, please do not Access the Sites. We reserve the right, in our sole discretion, to, and You agree that We may, amend these Terms and Conditions at any time, in any way and from time to time. We will publish the amended Terms and Conditions on This Website and notify You by way of notice on this Website and on any other Sites (where applicable) that the Terms and Conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on this Website. It is your responsibility to review these Terms and Conditions regularly and to ensure that You agree with any amendments to these Terms and Conditions. If You do not agree with any amendments to these Terms and Conditions, You may no longer Access the Sites. Chapter VII of the 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 Sites. None of these Terms and Conditions are intended to limit the rights the ECT Act grants You.
IMPORTANT PROVISIONS PERTAINING TO LEGAL LIABILITY
These Terms and Conditions contain provisions which limit our exposure to legal liability and even make You responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on You by virtue of your agreement to these Terms and Conditions. It is therefore important that You familiarise yourself with these provisions before You Access the Sites and that You not Access the Sites if You do not agree to abide by those provisions.
LEGAL AGE AND CAPACITY
You may not Access the Sites and may not accept these Terms and Conditions if You lack the legal capacity to enter into a binding contract with Us; are a person barred from Accessing the Sites under the laws of the Republic of South Africa or other countries including the country in which You are resident or from which You Access the Sites. By Accessing the Sites and/or the Content You represent and warrant that You are of full legal age, or are emancipated or have your parent/guardian’s consent to enter into a contract being these Terms and Conditions
WE MAY CHANGE ASPECTS OF THE SITES
These Terms and Conditions may contain a number of terms and phrases which have a specific meaning in this document. In these Terms and Conditions, headings are for convenience and shall not be used in its interpretation. Any reference in these Terms and Conditions to a Party shall, if such Party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that Party’s liquidator or trustee, as the case may be. Unless We indicate to the contrary in these Terms and Conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings:
- “3rd Party Websites” means websites other than the Sites;
- “Access” when used in the context of a website (whether it be the Sites or a 3rd Party website), means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with a website;
- Content, means to copy, download, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content;
- “Branded Sites” means YUM branded accounts, pages and websites hosted by or located on the Social Networks;
- “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, designsmodels, 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 We own, license, use and/or hold (whether or not currently) on the Sites;
- “YUM Associates” means YUM’ officers, servants, agents, representatives or contractors or other persons in respect of whose actions YUM 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 YUM promotional competition rules and which are located lower down on this page.
- “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;
- “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” means Pizza Hut’s website located at http://pizzahut.co.bw and/or http://www.pizzahut.co.bw;
- “You” means visitors to the Sites;
- “Us”, “We” and “Yum! YUM” means Yum Restaurants International Proprietary Limited YUM, a company with limited liability incorporated in accordance with the company laws of the Republic of South Africa (registration number 1994/003839/07) and the licensee for the Pizza Hut Trademark, system and system property in Africa;
- “user/s” means, in the context of Content or the Sites, anyone who accesses the Sites within the meaning of the term “Access” above.
- “Unique User” means a unique instance of a browser, application or similar technology.
- “User Cookie” means the User identifier (of which a cookie is one example) associated with a User for remarketing or similar audiences.
- “Remarketing Lists” means a list of User Cookies created or otherwise obtained by you and used in connection with remarketing or similar audiences.
- “Similar Audiences Lists” means a list of Users created by Google based on a Remarketing List for use in connection with similar audiences.
- “Properties” means properties or content on which advertisements are shown. When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or gazetted public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;
All annexures, addenda and amendments to these Terms and Conditions form an integral part of these Terms and Conditions and, therefore, our contract with You. The Sites: We operate the Sites as extensions of our information, education and marketing initiatives. Information about the Sites may be found on the Site concerned.
You agree that the security of your account is solely your own responsibility. You further agree that:
- You are responsible for maintaining and promptly updating the Registration Data and any other information You provide Us with, thereby keeping it accurate, current and complete;
- if You believe that information or Content Posted to the Sites infringes on any person’s rights in any way, You will notify Us immediately;
- if You believe the security of your registration on the Sites 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;
- 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
You may not Access the Content or the Sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these Terms and Conditions. You may not frame the Sites in any way whatsoever except as permitted by the Sites’ functionality (details may be found on the Sites concerned) or otherwise without our prior written permission. Recognising the global nature of the Internet, You agree to comply with all local laws, rules and regulations regarding your conduct on the Sites as well as the providers’ terms. 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:
- 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);
- engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where We expressly authorise such activities in writing;
- 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;
- use the Sites to Post or transmit 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 to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of scam such as “pyramid schemes” and “chain letters”;
- use the Sites in a manner that may infringe the intellectual property rights (for example copyright or trade marks) 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 unauthorised Access to the Sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
- otherwise use the Sites to engage in any illegal or unlawful activity.
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 We may have, to:
- without notice, suspend or terminate your Access to the Sites to the extent your Access to the Sites is within our control;
- hold You liable for any costs We incur as a result of your misconduct; and/or
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 license to you: We grant You a personal, revocable, worldwide, royalty–free, non–commercial, non–transferrable and non–exclusive licence to Access the Content on the Sites. This licence is for the sole purpose of enabling You to Access the Sites, in the manner permitted by these Terms and Conditions. In the event We revoke this license, You may no longer Access the Sites or the Content on the Sites. You may not (and You may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Sites or any part thereof, unless this is expressly permitted or required by law, or unless We have specifically told You that You may do so, in writing. Unless We have given You specific written permission to do so, You may not transfer, through an assignment of rights, sub–licence or otherwise, your rights to use the Sites or otherwise transfer any part of your rights to use the Sites. To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) 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. 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.
Caching (generally being storage of information/data for later use or Access) of the Sites shall only be permitted if:
- the purpose of caching is to make the onward transmission of the Content from the Sites more efficient;
- the cached Content is not modified in any manner whatsoever;
- the cached Content is updated at least every 12 (twelve) hours; and
- the cached Content is removed or updated when We so require.
YOUR LICENSE TO US
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. 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, commercialise 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.
The license You grant to Us means that:
- You are free to license your Content to anyone else in addition to Us;
- We may make commercial use of your Content or otherwise commercialise your Content;
- We are not required to pay You for the use of the Content You Post to the Sites;
- We are able to use our affiliates, sub–contractors and other partners (such as Internet Content delivery networks and wireless carriers) to grant Access to the Sites; and
- the license extends to anywhere in the world because of the global nature of the Internet and the fact that our users can Access the Content from anywhere in the world. General issues You should be aware of 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.
WHAT WE COLLECT
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;
- 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
- personal preferences;
- non–personal browsing habits and click patterns; and
- IP address.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
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 anonymised 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.
YUM only shares personal information with other companies or individuals outside of YUM in the following limited circumstances:
- YUM has your consent. YUM requires opt–in consent to share any of your sensitive personal information.
We may collect, maintain, save, compile, share, disclose and sell Your personal information subject to the following:
- 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.
SOFTWARE AND EQUIPMENT
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.
Disclaimers and limitation of liability your use of and reliance on the sites is entirely at your own risk. the sites are provided “as is”. 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. 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 suchinformation. 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. whilst we take reasonable precautions in our operation of the sites, you agree that neither we or yum’s associates 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. 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.
you hereby indemnify us and yum’s associates 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. 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.
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:
- the 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:
- Content Manager
- Liezl Steffens
- Email: email@example.com
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.
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. 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.
To the maximum extent permissible by applicable law:
- 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
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. 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. 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
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. We may monitor your communications 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. You agree and acknowledge that the consent You provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.
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.
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
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: Our full name and legal status: Yum Restaurants International (Proprietary) Ltd, Registration Number 1994/003839/07
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 YUM and You shall not hold itself out as the agent or partner of YUM or as being in a joint venture with YUM.