Terms & Conditions for Otees mobile game
The following provisions are drawn to the attention of the User if the Consumer Protection Act 68 of 2008 ("the CPA") applies to these Terms and Conditions:
- clause 4 (including the fact, nature and effect of the limitation of liability contemplated therein);
- clause 5 (including the fact, nature and effect of the indemnity contemplated therein);
- clause 8 including the fact, nature and effect of the limitation of liability contemplated therein).
1. INTRODUCTION
1.1. Pioneer Foods Groceries (Pty) Ltd (Registration Number: 1993/000454/07) is launching a mobile application game ("OTEES Rush)as part of the OTEES Rush campaign ("the Campaign").
1.2. These terms and conditions ("Terms and Conditions") must be read with BOKOMO’s website terms and conditions ("Website T&C’s"), which are available at www.bokomo.co.za ("Website") and any OTEES promotional material utilised for the Campaign or the OTEES Rush Mobile Game ("Promotional Material"). Please note that certain defined terms contained in the Website T&C’s will be utilised in these Terms and Conditions.
1.3. The terms "user", "you" and "your" are used interchangeably in these Terms and Conditions and refers to any individual who uses the OTEES Rush Mobile Game from time to time (or intends using the OTEES Rush Mobile Game) and any individual who downloads the OTEES Rush Mobile Game.
1.4. These Terms and Conditions governthe downloading and use of the OTEES Rush Mobile Game. Please read these Terms and Conditions carefully and make sure you understand them before you download or use the OTEES Rush Mobile Game.Please do not download or use the OTEES Rush Mobile Game if you do not agree to these Terms and Conditions.
2. ELIGIBILITY
2.1. There are limitations on who may download and use the OTEES Rush Mobile Game. You may not download the OTEES Rush Mobile Game if you are a minor (i.e. under the age of 18 (eighteen) years of age). A minor may not use the OTEES Rush Mobile Gameunless the minor’s parents or guardians have read these Terms and Conditions, agree to them on the minor’s behalf and download the OTEES Rush Mobile Gameon the minor’s behalf.
2.2. By downloading the OTEES Rush Mobile Game, you hereby confirm and represent to Pioneer Foods Groceries that:
2.2.1. you have unfettered legal capacity to contract; and
2.2.2. you agree to theseTerms and Conditions and agree to be bound by them; and
2.2.3. if you are downloading the OTEES Rush Mobile Gameon behalf of a minor as contemplated in clause 2.1, you are the parents or legal guardians of the minor, you consent to the minor using the OTEES Rush Mobile Gameon the terms and conditions contained herein, you are agreeing to these Terms and conditions on behalf of yourself and the minor and you understand and agree that the limitation of liability and indemnity contained in these Terms and Conditions are duly binding on yourself and on the minor.
3. PARTICIPATION
3.1. The OTEES Rush Mobile Game can be downloaded for free from the iStore or Google Play on a mobile phone with an iOS or android (version 4.4 and up) operating system.
3.2. Please note that only the Android version of the game allows for code redemption. There is no code redemption in the iOS version, and players will need to visit oteesrush.co.za to unlock their codes."
3.3. Once the OTEES Rush Mobile Game has been downloaded, open the application and press “TAP TO PLAY” to play. Follow the tutorial by clicking “HOW TO PLAY” to learn how to play the OTEES Rush Mobile Game.
4. LIABILITY
You hereby agree that your use of the OTEES Rush Mobile Game is at your own risk. When you play the OTEES Rush Mobile Gameplease be aware of your surroundings and exercise due care by playing the OTEES Rush Mobile Gamesafely and not in contravention of any applicable law, rule or regulation so as to maintain your own personal safety and avoid any damage or injury to person or property (including that of third parties). To the maximum extent permitted in law, neither Pioneer Foods Groceries, nor its Related Parties, nor any persons related or inter-related (as contemplated in section 2 of the Companies Act 71 of 2008 (as amended) to Pioneer Foods Groceriesor its Related Parties, nor any of their respective directors, prescribed officers, managers, employees, agents, franchisees, or other persons in respect of whose actions Pioneer Foods Groceries may be held to be vicariously liableor anyone associated with any of them (collectively, "Pioneer Foods Groceries Parties"), shall incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, whatsoever or howsoever arising from your use or misuse of the OTEES Rush Mobile Game, or as a result of, or arising from any defects in the OTEES Rush Mobile Gameor your access to or inability to access the OTEES Rush Mobile Gameor otherwise. To the extent necessary in law the provisions of this clause 4 shall constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of the Pioneer Foods Groceries Parties, the benefit whereof may be accepted by any or all of them at any time, from time to time.
5. INDEMNITY
You indemnify the Pioneer Foods Groceries Parties from any liability for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise arising from your use of the OTEES Rush Mobile Game.
6. PRIVACY AND INFORMATION
These Terms and Conditions must be read in conjunction with any applicable provisions of Pioneer Foods Groceries’s T&C’s relating to privacy, data protection, use and disclosure information and any applicable law.
7. INTELLECTUAL PROPERTY
7.1. Save for the limited licence grantedin terms of clause 7.2 hereunder, Pioneer Foods Groceries or its associates (which may include any developer of the OTEES Rush Mobile Game), as the case may be, retain any and all right, title and interest in and to the OTEES Rush Mobile Game, which includes all content, services and functionality associated with the OTEES Rush Mobile Game.
7.2. Subject to your compliance with these Terms and Conditions (including clause 7.1), you are hereby granted a non-exclusive, non-transferable, non-sublicensable, revocable limited license to download, install and use the OTEES Rush Mobile Gameon a mobile device solely for your own personal, non-commercial purposes.
7.3. You hereby acknowledge that your right to download and use the OTEES Rush Mobile Game is derived solely from Pioneer Foods Groceriesand is conditional upon your proper conduct, safe use of the OTEES Rush Mobile Gameand compliance with these Terms and Conditions at all times. Pioneer Foods Groceriesreserves the right to suspend or deny, inits sole discretion, your access to all or any portion of the OTEES Rush Mobile Game.
7.4. You are not entitled to:
7.4.1. copy, reproduce, modify, alter, create derivative works of, sell, reverse engineer, decompile, or disassemble the OTEES Rush Mobile Gameor any part thereof; or
7.4.2. sub-license, assign, transfer, or in any manner give or grant or transfer, directly or indirectly, any rights granted in terms of these Terms and Conditions to any third party.
7.5. The limited license granted to you in terms of this clause 7 will be revoked (with or without notice) and ineffective if you:
7.5.1. are a minor and your parents or guardians have not read these Terms and Conditions, agreed to them on your behalf and downloaded the OTEES Rush Mobile Gameon your behalf in accordance with the provisions of clause 2;
7.5.2. engage in any act that Pioneer Foods Groceries deems to be in conflict with the spirit or intent of these Terms and Conditions, the Website T&C’s or the Promotional Material including, but not limited to, circumventing or manipulating these Terms and Conditions, the Website T&C’s or the Promotional Material; or
7.5.3. fail to comply with any of the provisions of these Terms and Conditions.
8. NO WARRANTIES
The OTEES Rush Mobile Game is provided to you "as is" without warranty of any kind. Pioneer Foods Groceries hereby disclaims all warranties, either express or implied, to the maximum extent permitted by law.
9. GENERAL
9.1. These Terms and Conditions may be amended, varied and/or modified by Pioneer Foods Groceries at any time and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on the Website. Accordingly, the continued use by a user of the OTEES Rush Mobile Gameshall be deemed to be the user’s acceptance of any such modified Terms and Conditions.
9.2. These Terms and Conditions shall comply with, and will be subject to, any peremptory provisions of the CPA and the regulations promulgated thereunder, which are deemed to be incorporated herein ("Peremptory Provisions"). In the event of any conflict between these Terms and Conditions and the Peremptory Provisions, the latter shall prevail. Furthermore, no term or condition of these Terms and Conditions is intended to breach any Peremptory Provisions. Any breach of any such Peremptory Provision shall be governed by the provisions of clause 9.4 mutatis mutandis (i.e. subject to changing those things which need to be changed).
9.3. This document, together with any terms and conditions appearing in the Website T&C’s or in any Promotional Material, contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in these Terms and Conditions (including clause 9.1 above) no alteration, cancellation, variation of, or addition hereto will be of any force or effect.
9.4. Each sentence, paragraph, term, clause and provision of these Termsand Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation(including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. If any provision of these Terms and Conditions is found by any Court to be unfair as contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of this clause 9.4 mutatis mutandis.
SUPPLIER’S INFORMATION TO BE PROVIDED IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002:
a) full name and legal status:
Pioneer Foods (Pty) Ltd, a private company duly incorporated under the laws of the Republic of South Africa
b) physical address and telephone number
Glacier Place,
1 Sportica Crescent,
Tyger Valley,
7530+ 27 (0)21 9744000
c) web site address and e-mail address:
https://www.pioneerfoods.co.za/
[email protected]
d) membership of any self-regulatory or accreditation bodies to which that supplier belongs or subscribes and the contact details of that body:
N/A
e) any code of conduct to which that supplier subscribes and how that code of conduct may be accessed electronically by the consumer:
N/A
f) registration number, its place of registration and the names of its office bearers:
Registration number: 1993/000454/07
Registered in South Africa
Registered Office: Glacier Place, 1 Sportica Crescent, Tyger Valley, 7530
Office bearers:- TA Carstens (Director)
- F Lombard(Director)
- Ms J Jacobs (Company Secretary)
Glacier Place, 1 Sportica Crescent, Tyger Valley, 7530
h) a sufficient description of the main characteristics of the goods or services offered by that supplier to enable a consumer to make an informed decision on the proposed electronic transaction:
Mobile Game
i) the full price of the goods or services, including transport costs, taxes and any other fees or costs:
The full price of the goods will be the price displayed on the OTEES Rush Mobile Game;
j) the manner of payment:
Refer to the Apple Media Services Terms and Conditions which can be found at https://www.apple.com/legal/internet-services/itunes/za/terms.html and Google Play Terms of Service which can be found at https://play.google.com/intl/en-GB_za/about/play-terms.html ("Apple and Google Play’s Terms and Conditions")
k) the time within which the goods will be dispatched or delivered or within which the services will be rendered:
Refer to Apple and Google Play’s Terms and Conditions
l) the manner and period within which consumers can access and maintain a full record of the transaction:
Refer to Apple and Google Play’s Terms and Conditions
m) the return, exchange and refund policy of that supplier:
Refer to Apple and Google Play’s Terms and Conditions
n) any alternative dispute resolution code to which that supplier subscribes and how the wording of that code may be accessed electronically by the consumer:
N/A
o) the security procedures and privacy policy of that supplier in respect of payment, payment information and personal information:
Refer to Apple and Google Play’s Terms and Conditions
p) where appropriate, the minimum duration of the agreement in the case of agreements for the supply of products or services to be performed on an ongoing basis or recurrently: and
Refer to Apple and Google Play’s Terms and Conditions
q) the rights of consumers in terms of section 44, where applicable:
Refer to Apple and Google Play’s Terms and Conditions
q) the rights of consumers in terms of section 44, where applicable:Refer to Apple and Google Play’s Terms and Conditions
Any reference to Apple and Google Play’s Terms and Conditions are deemed, to the extent necessary in law, to be incorporated herein