BELLVILLE CONNECT COMMERCIAL TERMS

(“Commercial Terms”)

THE GREATER TYGERBERG PARTNERSHIP (PTY) LTD (Trading as Bellville Connect) (REGISTRATION NUMBER: 2012/181308/08)

(“BELLVILLE CONNECT”, “Us”, “We” “Our”)

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN USING OR ACCESSING OUR WEBSITE AND/OR THE MOBILE APPLICATION (“BELLVILLE CONNECT”).

These Commercial Terms are binding and enforceable against every person or entity that accesses or uses this Website or the Mobile Application (“you”, “your” or “user”) and purchases any of the services offered by Bellville Connect (“Bellville Connect Services”)

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” or “BUY” BUTTONS, USING ANY OF THE SERVICES, PURCHASING ANY BELLVILLE CONNECT SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY THAT ARE USING/PURCHASING THE BELLVILLE CONNECT SERVICES, REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE WEBSITE AND APPLICATION; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.

1. INTRODUCTION AND DESCRIPTION of BELLVILLE CONNECT

  1. Bellville Connect is a full-service community online and mobile platform that aims to connect local people with organised events that take place within the Bellville Metropolitan area.  Users can review and recommend local businesses, take advantage of exclusive discounts and attend networking events and workshops.
  2. Bellville Connect aims to build loyalty and is based on community trust with the aim of connecting digitally savvy people who live and work within Bellville.
  • bellviLle connect features
  1. Bellville Connect is a full-service community platform which enables users to have access to:
    1. Area news;
    2. Discounts that are redeemed through the application;
    3. Refer businesses or request for recommendations;
    4. Find local businesses;
    5. Weekly newsletters and alerts;
    6. Access to website blog and forum; and post events through our platform.
  • when are the commerCIal terms effective between us
  1. The Commercial Terms apply the moment you create a user profile on the Website or Mobile Application.
  2. Commercial Terms will regulate how you use our Website, Mobile Application and the Bellville Connect Services.  It also set out our terms and conditions of use relating to the Bellville Connect Services and how it applies to you as a user or a member of Bellville Connect.
  3. If you have clicked the acceptance box on the Mobile Application, or have access to the Website or signed up as a member for the Bellville Connect Services, you have agreed to the Commercial Terms.
  4. We reserve the right in our sole and absolute discretion to refuse or accept any user for the purpose of our Bellville Connect Services.
  • customer aCcounts and USER interaction
  1. To be a user of the Bellville Connect Services, you must sign up by registering a user profile by submitting the requested user information.
  2. Once you have registered user profile, you will be able to browse the Website or Mobile Application information and available deals on offer.
  3. You can also sign up as a member to Bellville Connect in order to enjoy the full benefits and features either as a Bellville Entrepreneur or Bellville Power Player.
  4. If you sign up as a member, you profile forms part of the Bellville Connect Service and is used for, among other things, accessing your customer data.  You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your user profile.  We will regard any communications we receive under your password, username, and user profile to have been sent by you. 
  5. You agree to promptly notify us of any unauthorized access or use of your user profile which is linked to the Bellville Connect Service, which includes any loss or theft or unauthorized use of your password or name and/or Bellville Connect account numbers. 
  • PAYMENTS and Fees
  1. If you select to become a member of the Bellville Connect Service, the following options and costs apply:
    1. Bellville Entrepreneur: R1500.00
    2. Bellville Power Player: R4800.00
  2. Based on the option you have selected; you may purchase a paid subscription on a monthly basis; or a once off payment for a period of 12 months.
  3. Bellville Connect will invoice you in accordance with clause 5.2, for the use of the Bellville Connect Services, either as a Bellville Entrepreneur or Bellville Power Player.  The prices payable and details of the Bellville Connect Services is set out on our Website and Mobile Application. 
  4. Price changes will take effect with two months’ prior notice to you.  You accept the new price by continuing to use the Bellville Connect Services, after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by cancelling your subscription prior to the price change going into effect.
  • renewal
  1. Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by contacting us and requesting cancellation or cancelling your account in your billing profile (where applicable and available). After cancellation you will retain access to Bellville Connect the signed-up Bellville Connect Services until the expiry of the current subscription period.
  2. If paying by credit card, you explicitly authorise us to charge renewal amounts to the card you provided for payment purposes. You further authorise us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. You also undertake to keep us updated if your payment details change. If we are unable to charge your card you will remain liable for all outstanding amounts and your service may be suspended or terminated.
  • LICENCE
  1. The Bellville Connect Services are licensed to you, not sold.  We grant you as a member personal, limited, non-transferable, revocable and non-exclusive license to use the Bellville Connect Services to which you have access for your commercial use, subject to your compliance with this Agreement.
  2. You may not access, copy, modify or distribute any Bellville Connect Service, unless expressly authorized by us or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Bellville Connect Services, unless expressly authorized by us or permitted by law. We and or our licensors own and reserve all other rights, including all right, title and interest in the Bellville Connect Services and associated intellectual property rights.
  • RULES OF CONDUCT

When you access or use any Bellville Connect Services, you agree that you will not:

    1. license, sublicense, sell, resell, rent, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party Bellville Connect Service or any part thereof;
    2. reproduce, modify or make derivative works based upon the Bellville Connect Services or the audio and visual information, documents, software, graphics, products, and services contained or made available to you in the course of using the service;
    3. reverse engineer or access the Bellville Connect Service in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Bellville Connect Service, or (iii) copy any ideas, features, functions or graphics of the Bellville Connect Service;
    4. access the Bellville Connect Service by any means other than through the interfaces that are provided by us;  
    5. 8.5.violate any law, rule or regulation;
    6. interfere with or disrupt any Bellville Connect Service or any server or network used to support or provide a Bellville Connect Service, including any hacking or cracking into a Bellville Connect Service;
    7. use any software or program that damages, interferes with or disrupts the Bellville Connect Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs;
    8. publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that we (acting reasonably and objectively) determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful;
    9. post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
  1. term and TERMINATION
    1. This Commercial Terms is binding and effective until terminated by you or us, through 30 days written notice.
    2. We may terminate your access and use of any of the Bellville Connect Service if we determine that you have violated these terms or that there has been otherwise unlawful, improper or fraudulent use of the Bellville Connect Service.
    3. If your account is terminated, you will not have access to the account. Upon termination, your license under these terms shall also terminate. Clause 7, 8 and 10 -17 remain unaffected and survive termination.
  2. WARRANTIES and disclaimer
    1. BELLVILLE CONNECT SERVICES ARE LICENSED AND PROVIDED “AS IS.” YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR BELLVILLE CONNECT SERVICE; THAT WE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE BELLVILLE CONNECT SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT THE BELLVILLE CONNECT SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
    2. 10.2.You warrant to and in favour of us that:
      1. you have the legal capacity to agree to and be bound by these Commercial Terms; and
      2. these Commercial Terms constitute a contract valid and binding on you and are enforceable against you.
    3. 10.3.Each of the warranties given by you will:
      1. be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Commercial Terms;
      2. continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
      3. be deemed to be material.
  3. LIMITATION OF LIABILITY

We will not, under any circumstances, be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which you may sustain or suffer (or with which you may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Commercial Terms or in the course of the discharge or exercise by the parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Commercial Terms or the termination of these terms for any reason, in excess of the amount recoverable under our professional indemnity insurance policy.

  1. No consequential losses

Under no circumstances whatsoever shall either of us be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), including but not limited to any loss of commercial opportunities or loss of profits, and whether as a result of negligent (including grossly negligent) acts or omissions of such party or its servants, agents or contractors or other persons for whose actions such party may otherwise be liable in law.

  1. indemnity

You hereby indemnify and hold harmless us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive or exemplary loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, from accessing and using the Bellville Connect Services and or arising from any breach of any of any obligations or duties under these Commercial Terms.

  1. BREACH

Should a party (“the Defaulting Party”): breach any of the terms and conditions of these commercial terms, then the other party (“the Aggrieved Party”) shall be entitled forthwith where the Defaulting Party has failed to remedy such breach within a period of 14 (fourteen) days after receipt of written notice by the Aggrieved Party requiring it to do so, to claim specific performance or to cancel this Commercial Terms by written notice to that effect given to the Defaulting Party, either of which shall be without prejudice to any other rights which the Aggrieved Party may have at law.

  1. ARBITRATION
    1. Other than in respect of those provisions of this Commercial Terms which provide for their own remedies or should such process be unsuccessful, or the outcome is non-binding, either party may refer the matter to arbitration to be held in terms of this clause 15. 
    2. The arbitration shall be held in Cape Town in accordance with the provisions of the Arbitration Foundation of South Africa (“AFSA”) and:
      1. the arbitration shall be informal; and
      2. the Arbitrator shall have the discretion to determine the procedure to be adopted at the arbitrational hearing.
    3. The appointment of the Arbitrator will be agreed upon between the Parties, but failing Commercial Terms between them within a period of 14 (fourteen) days after the arbitration has been requested, any of the Parties shall be entitled to request the President for the time being of the Western Cape Legal Practice Council, whom failing, the chief executive officer/s of the Legal Practice Council, to make the appointment and who, in making his appointment, will have regard to the nature of the dispute.
    4. The decision of the Arbitrator shall be final and binding and shall not be subject to appeal.
    5. The Parties acknowledge and agree that the provisions of this clause shall not preclude any of them from proceeding against any of the other of them in any court of competent jurisdiction where relief is being sought on an urgent and interim basis.
  2. Force Majeure
    1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
    2. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate this Commercial Terms immediately on written notice while the party’s performance continues to be prevented.
  3. General
    1. No relaxation, indulgence or concession granted by any party to the other(s) in respect of any of its obligations hereunder shall constitute a novation of any part of this Commercial Terms nor otherwise prejudice, derogate from, or affect, any rights which the party granting the relaxation, indulgence or concession may have against the party(ies) in whose favour such grant shall have been made.
    2. No variation of, or addition or agreed cancellation to this Commercial Terms shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the parties. 
    3. Governing law: These Commercial Terms shall be interpreted and governed in all aspects in accordance to the laws of the Republic of South Africa.
    4. Jurisdiction: We both consent to the jurisdiction of the Western Cape High Court in respect of any matter flowing from these Commercial Terms.
    5. 17.5.Good faith: We both agree to display good faith.
    6. Address for service: any notice, approval, request, authorisation, direction, or other communication under these terms shall be given in writing, directed to the addresses of found on our Website and the addresses provided to us by you during registration, and shall be deemed to have been delivered and given for all purposes:
      1. on the delivery date if delivered by email;
      2. on the delivery date if delivered personally to the Party to whom the same is directed;
      3. 1 (one) business day after deposit with a commercial overnight carrier with written verification of receipt; or
      4. 5 (five) business days after the mailing date whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.
    7. Whole Commercial Terms: these Commercial Terms, together with the Browser Terms and Privacy Policy sets forth the entire Commercial Terms and supersedes all prior or contemporaneous Commercial Terms and representations, written or oral, between us with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations.

annexure a: PRIVACY POLICY

BELLVILLE CONNECT PRIVACY POLICY

(“Privacy Policy”)

THE GREATER TYGERBERG PARTNERSHIP (PTY) LTD (Trading as Bellville Connect) (REGISTRATION NUMBER: 2012/181308/08)

(“BELLVILLE CONNECT”, “Us”, “We” “Our”)

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN USING OR ACCESSING OUR WEBSITE AND/OR THE MOBILE APPLICATION (“BELLVILLE CONNECT”).

  1. introduction
    1. We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person.
    2. Please read this policy carefully before accessing the Website, Mobile Application or the Bellville Connect Services.
  2. effective date
    1. You agree that this policy will apply and be effective when you access or use our Website, Mobile Application or the Bellville Connect Services found at www.bellvilleconnect.co.za.
  3. BROWSER TERMS AND COMMERCIAL TERMS
    1. There are other terms that are applicable to your use of our Website, Mobile Application or the Bellville Connect Services.  Browser Terms can be found at https://bellvilleconnect.co.za/terms-and-conditions/ or on our Website.  Commercial Terms become applicable when you purchase and access products and services through our Website found at www.bellvilleconnect.co.za.
  4. ACCEPTANCE and consent
    1. You accept all the terms in this policy when you use our Website, Mobile Application or the Bellville Connect Services.  You hereby consent to us collecting the personal information as referred to in this policy.
  5. AMENDMENTS to this policy
    1. We may amend and/or amplify the terms of this policy from time to time in line with any changes that the law or our internal business operations require, without prior notice.  It is your responsibility as the user or member to consider the policy each time you use our Website, Mobile Application or access any the Bellville Connect Services.  If you do not agree with any terms of this policy, you must stop using our Website, Mobile Application and the Bellville Connect Services immediately.
  6. PRIVACY LAWS AND PROTECTING YOUR PERSONAL INFORMATION
    1. We will take the necessary steps to protect your privacy when you use our Website or Mobile Application, including compliance with the Protection of Personal Information Act, 4 of 2013 (“POPI”), General Data Protection Regulations (GDPR) and all reasonable steps to be in compliance with the privacy laws of users outside of the EU and South Africa.
    2. We have listed your rights that you have under data protection laws.
      1. the right to access – you can ask for copies of your personal data;
      2. the right to rectification – you can ask us to rectify inaccurate personal data and to complete incomplete personal data;
      3. the right to erasure – you can ask us to erase your personal data;
      4. the right to restrict processing – you can ask use to restrict the processing of your personal data;
      5. the right to object to processing – you can object to the processing of your personal data;
      6. the right to data portability – you can ask that we transfer your personal data to another organisation or to you;
      7. the right to complain to a supervisory authority – you can complain about our processing of your personal data; and
      8. the right to withdraw consent – to the extent that the legal basis of our processing of your personal data is consent, you can withdraw that consent.
    3. These rights are subject to certain limitations and exceptions.
    4. General Data Protection Regulation (GDPR) – You can learn more about the rights of data subjects by visiting https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
  7. What is personal information?
    1. If we refer to “personal information” or “information” in this policy, we mean personal information as defined in POPI. It includes, for example, your full name, surname, email address, identity number, contact details, and location.
  8. INFORMATION COLLECTION
    1. We collect information about you when you use our Website or Mobile Application or access and use Bellville Connect Services and communicate with us.  We may also collect information about you from third parties (if necessary).
    2. Our service is not directed to children under sixteen and does not knowingly collect personally identifiable information from children under the age of sixteen. If you are under the age of sixteen, you must ask your parent or guardian for permission to use this website.  If we learn that we have collected personal information of a child under sixteen, we will take the appropriate steps to delete such information from our files as soon as possible.  If you learn that a child has provided us with personal information in violation of this policy, you can alert us at +27 21 823 6713.
  9. Use of Cookies
    1. We sometimes use “cookies”. “Cookies” are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
    2. They enable us to improve interactivity with the Website and Mobile Application.  The purpose of “cookies” is to enhance your future visits to our Website or Mobile Application.  You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.  However, if you do not accept cookies, you may not be able to use all the functions that Bellville Connect offers on the Website and Mobile Application.
    3. Cookies enable us to improve our service to you, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our Website and Mobile Application.  In some instances, we collect and store information about your location.  We convert your IP address or mobile GPS data into a rough geo-location.
    4. Please note that third parties who advertise on our website may also use cookies, but we do not have access to, or control over them, and therefore cannot take responsibility for them.
    5. We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our Website and Mobile Application.
  10. Use of your information
    1. We will not sell personal information, unless such information has been appropriately anonymised ensuring all identifying fields have been securely masked and encrypted.  No personalised individual data will be disclosed to anyone except as provided in this privacy policy.
  11. Information that we store and use
    1. We generally store and use the following information:
      1. your first name(s);
      2. surname;
      3. address;
      4. phone numbers;
      5. email address;
      6. IP address;
      7. cookie information;
      8. location information;
      9. demographic information;
      10. including your age and gender; and
      11. and any other information which we reasonably need to perform our obligations in terms of the agreement with you when you purchase or use our Bellville Connect Services.
  12. Purposes for processing information
    1. We will only process adequate and relevant information to:
      1. Perform in terms of our agreement;
      2. Operate and manage your account;
      3. Monitor and analyse our business;
      4. Carry out market research, business and statistical analysis; and
      5. Comply with our regulatory or other obligations.
  13. Sharing of personal information
    1. We will keep your personal information confidential and only share it with others in terms of this policy, if you consent to it, or if the law requires from us to share it.
    2. We have trusted relationships with carefully selected third parties who perform services for us. All these service providers have a contract with us in terms whereof they have a legal obligation to secure your personal information and to use it only in a way that we permit.  In general, we may share your information with our affiliates, third party service providers, payment gateways, regulatory and governmental authorities or tax authorities (if they request us to do so), and any other third party if the law requires from us to share it.
    3. Our Website and Mobile Application may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram and Google+. If you want to use our Website and Mobile Application for social media integration, including to create user profiles and login functionality, we will share your information with the relevant social media sites or apps.
    4. We may transmit or transfer personal information outside South Africa to a foreign country. 
    5. Across the EU, we will endeavour to ensure compliance with the General Data Protection Regulation (GDPR) and should you believe we are in contravention of the GDPR, you may contact our privacy officer at +27 21 823 6713 and we will ensure we revert within 48 hours of your correspondence.
  14. Retention OF INFORMATION
    1. We will aim to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes in this policy. From time to time we will request you to update your personal information on the Website and Mobile Application.
    2. We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless retention of the record is required or authorised by law; or you have consented to the retention of the record.
  15. CONCERNS AND SECURITY BREACH
    1. We will report any security breach to the Information Regulator in South Africa, and the GDPR regulatory body (if applicable) and to the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify us by sending an email to info@bellvilleconnect.co.za

ANNEXURE B: BROWSER TERMS

BELLVILLE CONNECT PRIVACY POLICY

(“Browser Terms”)

THE GREATER TYGERBERG PARTNERSHIP (PTY) LTD (Trading as Bellville Connect) (REGISTRATION NUMBER: 2012/181308/08)

(“BELLVILLE CONNECT”, “Us”, “We” “Our”)

IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN USING OR ACCESSING OUR WEBSITE AND/OR THE MOBILE APPLICATION (“BELLVILLE CONNECT”).

  1. Browser Terms

What are these Browser Terms?

    1. These are the Terms that regulate your use of our Website, Mobile Application or the Bellville Connect Services, and our relationship with you (“You”).  They create a legally binding contract between us, as soon as they apply.
    2. This is not an exhaustive list, but these Browser Terms apply when you browse, use, ‘surf’, share, post and or comment on our Website, Mobile Application and the Bellville Connect Services.
  1. The GOAL of these BROWSER Terms
    1. We will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website, Mobile Application and the Bellville Connect Services.  You should not act in a way that relies on any information on our Website and Mobile Application and the Bellville Connect Services.  You use our Website, Mobile Application and the Bellville Connect Services at your own risk.
  2. Our Website
    1. Our Website is found at www.bellvilleconnect.co.za
  3. EFFECTIVE DATE
    1. These Browser Terms will apply and become effective if you access or use our Website, Mobile Application and the Bellville Connect Services.  Don’t use our Website, Mobile Application or Bellville Connect Services if you don’t absolutely agree to these Browser Terms, as you can only use our Website, Mobile Application or the Bellville Connect Services on these Browser Terms.
  4. PRIVACY POLICY AND COMMERCIAL TERMS
    1. There are other terms that are applicable to your use of our Website, Mobile Application and the Bellville Connect Services.  A privacy policy can be found at https://bellvilleconnect.co.za/terms-and-conditions/ or on our Website.  Commercial terms become applicable when you purchase services and products through our Website found at https://bellvilleconnect.co.za
    2. If there is a conflict between these Terms and the Commercial Terms, the Commercial Terms will apply.
  5. Changes to our Website and/or these Terms
    1. We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website, Mobile Application and the Bellville Connect Services, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.
  6. Use of our Website
    1. You may not:
      1. distribute any content from our Website, Mobile Application and the Bellville Connect Services without our prior consent;
      2. use any technology, including but not limited to crawlers and spiders, to search our Website, Mobile Application and Bellville Connect Services or obtain information from the same;
      3. copy our Website, Mobile Application and the Bellville Connect Services or any source code or pages;
      4. post any defamatory or illegal content;
      5. link to our Website and Bellville Connect Services in a manner other than through the homepage or mobile interface; or
      6. deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
  7. Intellectual property
    1. You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, source code,  or methodology which forms part of, or is displayed or used on the Website, Mobile Application and the Bellville Connect Services or any products sold by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, mobile applications, page headers and software) is proprietary to us and will remain ours at all times.
    2. You agree that you will not acquire any rights of any nature in respect of our intellectual property by using our Website, Mobile Application and or Bellville Connect Services.
  8. Limited liabilitY

For purposes of clarity:

    1. we will not be liable to you for any loss caused using our Website, Mobile Application and the Bellville Connect Services or your liability to any third party arising from those subjects. This includes:
      1. any interruption, malfunction, downtime, off-line situation or other failure of the Website, Mobile Application and the Bellville Connect Services, system, databases or any of its components;
      2. any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website, Mobile Application and the Bellville Connect Services; and
      3. any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website and Bellville Connect Services and/or third-party systems or programming defects;
  1. Indemnity

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.

  1. GOVERNING LAW AND DISPUTE RESOLUTION
    1. The content of these Browser Terms is governed by South African law, including the Website and Bellville Connect Services and any interaction you may have with the Website and Bellville Connect Services regardless of what country you are based in, or the country where you access the Website and Mobile Application or the country where you receive or use our services.
    2. If we ever have a dispute, then you agree that the High Court of South Africa (Cape Town) will have sole jurisdiction to consider our dispute, applying these Terms and South African law.
  2. CONTACT INFORMATION
    1. Please email us at info@bellvilleconnect.co.za for any enquiries about our Website, Mobile Application and the Bellville Connect Services.
  3. Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002
    1. Site owner: The Greater Tygerberg Partnership (Pty) Ltd (trading as “Bellville Connect”), registration number: 2012/181308/08
    2. Legal status: Bellville Connect is a South African private limited liability company.
    3. Email address:
    4. Website address: www.bellvilleconnect.co.za

Registered address: Unit 3A, Bell Park Building, c/o Durban Road & De Lange Street, Bellville, 7135