TERMS AND CONDITIONS
- 1.1. The Advance App: Nologo Studios CC trading as "Advance" (“Advance”, “our,” “we,” or “us”) provides users around the world with a mobile application ("the Advance App") that facilitates online ordering and payment for goods from third-party providers ("the Vendors"). Please read our Terms and Conditions of Service so you understand the full implications of your use of Advance App.
- 1.2. Consumer Protection: – These Terms and the Services are subject to the Consumer Protection Act, 68 of 2008 ("the CPA"). The provisions which appear in both bold and italics text (other than Headings) are important and should be carefully read and understood by you as they:
- 1.3. may limit the risk or liability of Advance or a third party;
- 1.4. may require you to indemnify Advance; and/or
- 1.5. may serve as an acknowledgement of a fact, by you.
- 1.6. Entering into this Agreement:- You ("the User") agree to our Terms and Conditions of Service (“Terms”) by installing, accessing, or using the Advance App, its services, features, software, or website (together, “Services”). If you do not agree to all of these Terms, do not install, access or use the Advance App or the Services.
- 1.7. Age Restriction:- If you are under the age of 18 years, you may use this Advance App only under supervision of a parent or guardian.
- 1.8. Licence:- you are afforded a licence by Advance to use the Advance App and the Services, as more specifically detailed in Clause 3 hereunder.
- 1.9. Advance is your Agent:- It is important that you understand that Advance acts as your agent in the provision of the Services and, more specifically, in facilitating the ordering of, and payment for, the goods and services of the Vendors. Advance does not, in any manner, act in a capacity as an agent for and on behalf of Vendors.
- 1.10. Remuneration:- Advance's remuneration for your use of the Advance App and/or the Services is incorporated in the prices listed on the Advance App for the Vendors' goods and/or services, as listed.
- 1.11. Placing an Order:- You place an order with a Vendor using the Advance App only after you have clicked on the "Confirm Order" button in the Checkout Process.
- 1.12. The Order:- Your order is an offer to purchase the goods and/or services selected from a Vendor, which order and offer is conveyed to the Vendors by Advance, on your behalf.
- 1.13. Availability of goods:- All Vendor's goods listed through the Advance App are subject to availability. If any goods ordered by you are not immediately available or are not available at all, you are entitled to a full refund.
- 1.14. The Prices:- The Vendor's listed prices through the Advance App are in South African Rands and are only valid and effective in South Africa.
- 1.15. The Payment:- Your payment for the goods and/or services to a Vendor is facilitated by Advance, on your behalf, through the medium of Peach Payments*. Users can affect payment by use of VISA, MasterCard, Diners Club or American Express Credit, Debit or Cheque Cards, as the case may be.
- 1.16. *Peach Payments:- provides a secure, encrypted payment platform that is fully compliant with the International Payment Card Industry Data Security Standards (PCI DSS) using Extended Validation SSL with 256-bit encryption, the highest level of encryption currently available, and all of your cardholder information is stored in a PCI (Payment Card Industry) certified vault in accordance with the PCI guidelines and security standards. Users may go to www.peachpayments.com to view their security certificate and security policy. Advance does not collect or store any information relating to your credit/debit cards used in transactions.
- 1.17. Consent:- You consent to our use of the services of Peach Payments in order to process Credit, Debit or Cheque Card transaction payments to Vendors and acknowledge that doing so necessitates the disclosure of your Credit, Debit or Cheque Card information to Peach Payments when you make a purchase.
- 1.18. User Collection:- Goods are collected by you from the Vendor at the location and within the trading hours as specified for each Vendor on the Advance App. Either you or your authorised representative are required to display the confirmation of order on your mobile phone to the Vendor in order to take delivery of your purchases.
- 1.19. No fees or purchase obligation:- There are no fees for registering with Advance or installing the Advance App. There are also no purchase obligations – you order what goods and/or services you require from the listed Vendors, entirely at your own discretion.
- 1.20. User Profile:- When you register with Advance, you will have to choose a User Name and Password. You will be asked for your User Name and Password every time that you utilise the Advance App. It is your responsibility to keep your User Name and Password ("Profile") private and safe. Advance accepts no liability for any damages that you may suffer or any losses you may incur from the unauthorised use of your Profile by a third party on the Advance App.
- 1.21. Account Set-up:- All Users are required to first set up an Advance App account by completing the registration process and accepting the Terms. Completing the registration process requires you to provide your Personal Information. In providing such Personal Information, you represent and warrant that:
- 1.22. the information about yourself is true, current, and complete;
- 1.23. you will maintain and promptly update your Personal Information to keep it true, current and complete; and
- 1.24. you will maintain the security of your password and identification.
- 1.25. Terms binding:- These Terms are valid, binding, and enforceable in terms of section 11 of the Electronic Communications and Transactions Act No. 25 of 2002 ("the Act") and the common law, in respect of all persons that access or use the Services through the Advance App or any part thereof.
- 1.26. User Rights:- Access to and use of the Advance App and/or the Services may be classified as “electronic transactions” as defined in terms of the Act and therefore Users have the rights detailed in Chapter 7 of the Act, save as qualified hereunder.
1.27. Qualification of User rights:- Chapter 7 of the Act does not apply in respect of transactions:-
- 1.27.1. for the supply of foodstuffs, beverages or other goods intended for everyday consumption;
1.27.2. where the goods-
- 220.127.116.11. by reason of their nature cannot be returned; or
- 18.104.22.168. are likely to deteriorate or expire rapidly; or
- 1.27.3. where the services are for the provision of catering services and where the Vendor undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
- 1.27.4. No Warranty:- Advance does not guarantee (implied or otherwise) the quality of the foodstuffs, beverages or other goods intended for everyday consumption produced and/or supplied by Vendors. Advance is not responsible for the description of goods as provided by Vendors. Advance would, however, like to know if you are displeased with any goods you receive from Vendors listed on the Advance App so we can procure improvement to the goods and/or services rendered by the Vendors. Please contact Advance if your goods prove less than satisfactory. Customer satisfaction is our primary goal. We review each complaint individually. Furthermore, you may contact us if you have any questions about these Terms or if your experience with the Advance App has been less than satisfactory so that we may endeavour to resolve.
- 1.27.5. Amendment:- Advance reserves the right to amend and/or augment these Terms. When placing an order utilising the Advance App, the Terms in force at the time of your placing that order with a Vendor will apply to that order and its related transactions. Advance further reserves the right to change the content and/or Services available through the Advance App or discontinue any aspect or vendor will change the software required to access and use the Advance App or to delete the Advance App.
2. AGREEMENT IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 ("the Act")
2.1. The User and Advance agree that:
- 2.1.1. the User shall be bound to these Terms (which specifically include the provisions of Clause 1 above: Introduction) and such agreement is concluded at Durban (South Africa) at the time the User installs or accesses the Advance App for the first time;
- 2.1.2. the User agrees and warrants that data messages (e.g. sms and email) that are sent to Advance from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally;
- 2.1.3. electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and Advance;
- 2.1.4. when the User sends an email or message through the Advance App to Advance, it is deemed to have been received when Advance replies to the message. An auto response from a Website is not regarded as a reply;
- 2.1.5. when Advance sends an email to the User, it is deemed to have been received when the User is capable of downloading the email.
3. LICENSE, PERMISSIONS AND USE
- 3.1. Advance grants Users a limited, revocable, non-exclusive and non-transferable license to access and make personal use of the Advance App and/or the Services exclusively for private, and/or non-commercial purposes;
- 3.2. This license may be terminated or cancelled by Advance, in its sole discretion, at any time and without prior notice or reason;
- 3.3. Users are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Advance so long as the link does not portray Advance, the Services, the Vendors, or their goods and products in a false, misleading, derogatory, or otherwise offensive manner. Users shall not use any Advance logo or other proprietary graphic or trademark as part of the link without prior written permission.
- 3.4. Hyperlinks to the Advance App from any other source shall be directed to the home page of Advance. Links beyond the Advance home page may only be used with Advance’s prior written consent.
3.5. This license does not include:-
- 3.5.1. any resale or commercial use of the Advance App or its contents;
- 3.5.2. any downloading or copying of account information for the benefit of another merchant;
- 3.5.3. any collection and use of any product listings, descriptions, or prices;
- 3.5.4. downloading (other than page caching) or modifying or reverse engineering of the Advance App, or any portion of it, save with the prior written consent of Advance;
- 3.5.5. any use of data mining, robots, or similar data gathering and extraction tools or use technology or Web Applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Advance App or Advance website for any purpose whatsoever, save and except through the use of bona fide search engine operators and use of the search facility provided on the Advance App;
- 3.5.6. any derivative use of this Advance App, its contents or the Services.
- 3.6. The Advance App or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of Advance.
- 3.7. A User may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Advance and/or the listed Vendor's without prior written consent.
- 3.8. A User may not use any meta tags or any other "hidden text" utilizing the name of Advance or its trademarks without the prior written consent of Advance.
- 3.9. Any unauthorized use terminates all the permissions and/or license granted by Advance, forthwith and without notice.
- 3.10. Users shall not, through the use of the Advance App, publish, share or disclose material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person and/or use the Advance App for any other unlawful or harmful reason and/or for the creation, storage and transmission of unsolicited commercial communications.
3.11. In the event that a User contravenes these Terms or commits any act constituting cybercrime:-
- 3.11.1. Advance reserves the right to claim civil damages from and/or institute criminal proceedings against the User.
- 3.11.2. Advance shall not be liable, in any manner whatsoever, for any damage, loss or liability resulting from such contravention by the User or any third party who obtained any content from the User.
- 3.12. No permission is given or should be implied that information on the Advance App may be used to communicate unsolicited communications to Advance or the listed Vendor's and all rights detailed in section 45 of the Act are reserved.
- 3.13. Names, telephone, mobile or fax numbers and email addresses published on the Advance app may not be incorporated into any database used for electronic marketing or similar purposes.
3.14. The caching of this Advance App shall only be allowed if:-
- 3.14.1. The purpose of the caching is to make the onward transmission of the content from this Advance App more efficient;
- 3.14.2. The cached content is not modified in any manner whatsoever;
- 3.14.3. The cached content is updated at least every 12 (twelve) hours; and
- 3.14.4. The cached content is removed or updated when so required by Advance.
- 3.15. This license and agreement commences when accepted by the User and has an initial term of twelve (12) months. Upon expiration of the initial term and each subsequent term, this agreement will automatically renew for successive renewal terms in equal duration to the initial term unless the User terminates by providing written notice to Advance at least thirty (30) days prior to the end of the previous term, or as stipulated in 3.16 hereunder.
- 3.16. Advance may terminate your account and/or suspend your access to the Services should you fail to comply with the Terms contained in this agreement, as amended from time to time, or any other guidelines and rules published by Advance. Appetite further reserves the right to terminate or suspend any User's account with or without cause and in Advance’s sole discretion without prior notice.
4. DISCLOSURES REQUIRED BY SECTION 43 OF THE ACT
- 4.1. Full name and legal status: Nologo Studios CC trading in the name and style of, inter-alia, "Advance"; all
- 4.2. Registration number: 2008/133673/23
- 4.3. Physical address: Block C, Ground Floor, Essex Park, 46 Essex Terrace, Westville, 3629 of, KwaZulu-Natal, South Africa
- 4.4. Postal address: Block C, Ground Floor, Essex Park, 46 Essex Terrace, Westville, 3629 of, KwaZulu-Natal, South Africa
- 4.5. Telephone number: +27 (31) 816 6980, Fax: +27 (0)86 601 1187
- 4.6. Website address: www.getadvance.net
- 4.7. E-mail address: email@example.com
- 4.8. Membership of self-regulatory bodies: N/A
- 4.9. Code of conduct: See Code of Conduct (hyperlink).
- 4.10. Physical address for receipt of legal service: Block C, Ground Floor, Essex Park, 46 Essex Terrace, Westville, 3629 of, KwaZulu-Natal, South Africa
- 4.11.1. Directors information available upon request.
4.12. Alternative Dispute Resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 4.12.1. access and use of the Advance App;
- 4.12.2. the inability to access the Advance App;
- 4.12.3. the Services and content available from this Advance App; or
- 4.12.4. these Terms; shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Durban in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
4.13. Access to information: To request records in terms of the Promotion of Access to Information Act, No 2 of 2000, the following procedures must be followed:
- 4.13.1. The prescribed form must be used to make the request for access to a record. The form can be downloaded from the Department of Justice website at www.doj.gov.za.
- 4.13.2. A request must be made to the address, fax number or electronic mail address as set out above.
- 4.13.3. Sufficient detail of the request made must be provided on the request form to enable ADVANCE to clearly identify the record as well as the requester’s specific identity, and positive proof of identification must be provided by the requester.
- 4.13.4. A requester must indicate which form of access they require.
- 4.13.5. A requester must indicate if they wish to be informed in any other manner and if so, they must state the necessary particulars required to be so informed.
- 4.13.6. A requester must identify the right that they are seeking to protect or that they wish to exercise and they must provide an explanation as to why the requested record is required for the protection or exercise of that right.
- 4.13.7. If a requester is making the request on behalf of another person, they must submit proof, to the satisfaction of Advance, of their authority to make such a request, by means of a legally binding Power of Attorney in their favour. Failure to do so will result in the request being rejected.
- 4.13.8. The prescribed fee of R50.00 (if any) must be paid as set out below.
- 4.13.9. Once a request is made, we will send notice to the requester to pay the prescribed fee which must be paid before a request will be processed.
- 4.13.10. Advance will then make a decision in respect of your request and will notify you of its decision.
- 4.13.11. Should a request be refused, the requester may lodge an application at court against the tender or payment of the requested fee as will be advised in the Notice to them.
- 4.13.12. If a request is granted then the requester will have to pay a further access fee for the search, reproduction and preparation of the record as well as for any time, which has exceeded the prescribed hours, to search and in order prepare the record for disclosure to them.
- 4.13.13. The fees schedule can be downloaded from the Department of Justice website at www.doj.gov.za.
5. DISCLAIMER AND LIMITATION OF LIABILITY
- 5.1. It is the responsibility of the User to satisfy itself that the content available from and through the Advance App meets the User's individual requirements and is compatible with the User's computer or mobile hardware and/or software.
- 5.2. The Advance App has not been compiled to meet the User's individual requirements and Advance makes no warranty as to the use, availability or performance thereof.
- 5.3. Advance shall take all reasonable steps to ensure the quality and accuracy of content available to the User from or through the Advance App. However, Advance does not warrant or represent that the contents of and Services available on or through the Advance App are in all cases true or correct or free of any errors.
- 5.4. Advance makes no warranty or representation as to the availability and functionality at all times of the Advance App. Users acknowledge that this Advance App may be unavailable or non-functional due to updates or other causes beyond the reasonable control of Advance, including, without limitation, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
- 5.5. To the full extent permissible by applicable law, Advance (including its Members, employees, service providers and agents) shall not be liable for any damage, loss or liability of any nature incurred by the User resulting from access to or inability to access the Advance App or the Services or the content available on or through the Advance App or for any other reason other than as a consequence of the gross negligence of Advance.
- 5.6. Users are urged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Advance App, all of which should not be regarded as professional advice or the official opinion of Advance.
- 5.7. Advance shall not be liable for costs incurred by Users to obtain professional advice relating to 5.6 or these Terms generally.
6. INTELLECTUAL PROPERTY RIGHTS
- 6.1. All intellectual property pertaining to the Advance App and the Services, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of Advance or its content suppliers or licensed to Advance and as such, are protected from infringement by domestic and international legislation and treaties.
- 6.2. The compilation of all content on the Advance App is the exclusive property of Advance, with copyright authorship for this collation vesting solely and exclusively with Advance, and is accordingly protected by international copyright laws.
- 6.3. Subject to the rights licensed to the User above, all other rights to intellectual property pertaining to the Advance App and the Services are expressly reserved.
- 6.4. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Advance App, copyright in respect of which vests with ADVANCE.
- 6.5. No person may use logos, icons, photos, pictures, graphics or trademarks and the like from this advance App as hyperlinks or for other purposes without the prior written consent of Advance.
7. CHANGES AND AMENDMENTS
- 7.1. Amendments to these Terms take effect 24 hours after the relevant amendment is published on the Advance App, and your continued use of the Advance App is deemed as your acceptance of the these Terms as amended.
8. PRIVACY & PERSONAL INFORMATION
- 8.1. Advance shall take all reasonable steps as required by the Protection of Personal Information Act No 4 of 2013, the Promotion of Access to Information Act, No 2 of 2000 and any other prevailing statutory obligation, to protect the Personal Information of Users collated through their use of the Advance App.
- 8.2. Personal Information is provided voluntarily by the User or is collected electronically by using cookies. A cookie is a small file that is placed on a User's hard drive in order to keep a record of the User's interaction with Advance App and to facilitate User convenience.
- 8.3. Users may choose to accept or decline cookie use independently through their browser settings. Declining cookies, however, may prevent Users from taking full advantage of the Advance App.
- 8.4. This standard technology (cookie use) is not able to identify individual users but simply allows Advance to collect statistics. A cookie in no way gives advance access to the User’s mobile, computer or any Personal Information about the User, other than the data the User chooses to share with Advance.
- 8.5. Cookies allow Mobile or Web Applications to respond to the User as an individual. The Mobile or Web Application can tailor its operations to the User’s needs, likes and dislikes by gathering and remembering information about the User’s preferences.
- 8.6.1. to keep track of Users' browsing habits (temporary or session cookies);
- 8.6.2. to compile de-identified statistics relating to use of Services offered or to provide Advance with feedback on the performance of the Advance App (traffic log cookies);
- 8.6.3. to communicate User requested information to the User;
- 8.6.4. to provide Services to the User as requested by the User;
- 8.6.5. to authenticate the User;
- 8.6.6. to market products or Services to the User;
- 8.6.7. to allow third parties to market products and Services to the User who specifically consented to the same;
8.7. The following classes of information may be collected in respect of Users who have enabled cookies:-
- 8.7.1. the browser software used;
- 8.7.2. IP address;
- 8.7.3. date and time of activities while using the Advance App; and
- 8.7.4. URLs of internal pages visited;
- 8.8. By using the Advance App, the User consents to the collection by Advance of Personal Information when the User completes any online form.
- 8.9. A User warrants that the mobile number provided to Advance is lawfully that of the User or that the User has permission to use such mobile number (in respect of a third party's email address) specifically on the Advance App.
8.10. Personal Information collected from Users may be collected, maintained, saved, compiled, modified, destroyed, de-identified, shared and disclosed, subject to the following:
- 8.10.1. the User consenting thereto, alternatively without the User’s consent only where lawfully compelled to do so;
- 8.10.2. for Advance’s lawful purposes;
- 8.10.3. for as long as statutory law requires Advance to do so; and
- 8.10.4. for statistical and research purposes and without publishing same in identified form.
- 8.11. All rights of ownership in and to de-identified statistical information collected and compiled by Advance are reserved to Advance.
- 9.1. Advance will exercise all reasonable technical and organisational measures as required by applicable statutory laws to protect the Personal Information of Users submitted to or collected by the Advance App and to secure the content of the Advance App from loss, misuse, unauthorized disclosure, alteration or destruction and Advance requires its service providers to do likewise.
9.2. Notwithstanding criminal prosecution, any person shall be liable to Advance and its service providers for all and any damages, liability and losses of whatsoever nature that Advance and its service providers may suffer pursuant to:-
- 9.2.1. delivery or attempts to deliver any damaging code to the Advance App or the server and computer network that support the Advance App, whether negligently or with intent;
- 9.2.2. development, distribution or use of any device or program designed to breach or overcome the security measures, products and Services of, on or available through The Advance App; and
- 9.2.3. the commission of any of the offences detailed in Sections 85 to 88 of the Act.
- 9.3. Users are encouraged to report and provide proof of defamatory, untrue, inaccurate, unlawful and/or harmful content ("undesirable content") on or through the Advance App to Advance, which undertakes to correct and/or remove such content as is reasonably proven to constitute undesirable content.
- 9.4. Advance may provide hyperlinks to websites not controlled by Advance (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or Services of such target sites.
- 9.5. Advance does not editorially control the content, products and/or Services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use content available on or through target sites.
- 9.6. Subject to the provisions of the Regulation of Interception of Communications Act 70 of 2002 ("RIC Act"), the User agrees to Advance’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the Act) sent or posted by the User to the Advance App or the Advance website.
- 9.7. The User agrees and acknowledges that the consent provided by the User in clause 9.6 satisfies the “in writing” requirement as detailed in the Act and the RIC Act.
- 10.1. These Terms, constitute the entire agreement between Advance and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Advance from the User.
- 10.2. Any failure by Advance to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- 10.3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining . The remaining shall remain enforceable and applicable.
- 10.4. The Advance App is hosted, controlled and operated from the Republic of South Africa and therefore, subject to the Alternative Dispute Resolution provisions of Clause 4.12 above, this agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
- 10.5. Advance disclaims all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through the Advance App and/or the Services and does not guarantee the completeness or accuracy of the information.