Website Terms and Conditions


Introduction
  • 1. These Terms and Conditions are the general terms and conditions that apply to your access and use of this Website of Touchsides S.A. (Proprietary) Limited located at The Oval, West Wing, Wanderers Office Park, 52 Corlett Drive, Illovo, 2196 as well as to all information and/or services provided to you on or through this Website
  • 2. By accessing the Website, you agree that you have read, understood and agree to be bound by the Terms and Conditions, which are posted on the Website at the time of such access and as amended from time to time.
  • 3. Additional terms and conditions may apply to particular information, content, services, applications or any other aspect of the Website or to products and/or services provided by us ("Additional Terms").
  • 4. No provision in these Terms and Conditions is to be interpreted or construed as excluding or waiving any rights which you may have in terms of the ECT Act, the CPA or any other applicable laws. In these Terms and Conditions the following terms will have the following meanings:
    • 4.1 "Affiliate" in relation to Touchsides means any person which is –
      • 4.1.1 controlled by Touchsides;
      • 4.1.2 controls Touchsides; or
      • 4.1.3 is under common control with Touchsides;
    • 4.2 "CPA" means the Consumer Protection Act, 2009;
    • 4.3 "Data message" has the meaning assigned to it in the ECT Act;
    • 4.4 "ECT Act" means the Electronic Communications and Transactions Act, 2002;
    • 4.5 "Touchsides", "we" or "us" means Touchsides S.A. (Proprietary) Limited, a company registered in South Africa with registration number 2007/007727/07 and any other person (including any legal person) to which that company may transfer its rights, obligations and interest in terms of this Agreement;
    • 4.6 "POPI" means the Protection of Personal Information Act, 2013;
    • 4.7 "Registered User" means a person who has registered for access to restricted pages on the Website;
    • 4.8 "Terms and Conditions" means the terms and conditions set out in this document including the Cookie Policy, as amended from time to time;
    • 4.9 "Third Party Website" means any website which is not owned and/or controlled by Touchsides;
    • 4.10 "User" or "you" means a person who accesses or uses the Website; and
    • 4.11 "Website" means the websites located at http://www.touchsides.com, https://www.holaclub.co.za, https://cnc.holaclub.co.za/and any other URL used by us from time to time.
  • 5. Any reference in the Terms and Conditions:
    • 5.1 to the singular includes the plural and vice versa; and
    • 5.2 to one gender includes the other gender.
Hardware, software and Internet access
  • 6. It is your responsibility to acquire and maintain, at your expense, the computer hardware and software, telecommunications facilities and Internet access service ("IT facilities") in order to access and use the Website.
  • 7. You must ensure, prior to accessing the Website at any time, that:
    • 7.1 the Website is compatible with your IT facilities; and
    • 7.2 your IT facilities are sufficient in order for you to access and use the Website.
  • 8. We will not be responsible for your inability to access and/or use the Website, either optimally or at all, if you do not comply with clauses 6 and 7 of the Terms and Conditions.
  • 9. You agree not to access, or attempt to access, the Website by any means other than through the interface that is provided by us.
Allowed use and license
  • 10. The information or materials provided on the Website may only be used for the purpose intended, in a lawful manner and in accordance with the Terms and Conditions.
  • 11. In the event that you want to access or use the Website for any commercial purposes, you may only do so with Touchsides' prior written consent.
Cost of Website access
  • 12. Access to the Website is currently free. However, data charges by your respective service provider may apply and some of the pages on the Website may be restricted to Registered Users.
  • 13. Notwithstanding clause 12, Touchsides reserves the right to charge you access or use of the Website in future, subject to giving you prior notice of such change on the Website.
Hyperlinks to Third Party Websites
  • 14. Touchsides may provide hyperlinks to Third Party Websites. Such links do not necessarily imply any endorsement, agreement with, or support for, the information on or content of those Third Party Websites.
  • 15. Touchsides does not editorially control the information or content on those Third Party Websites and neither we nor our Affiliates shall be responsible in any manner whatsoever, for your access, or inability to access, such Third Party Websites, or for any information or content made available on or through such Third Party Websites, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Website.
Hyperlinks to Website
  • 16. Subject to these Terms and Conditions, you may hyperlink to the Website from another website.
  • 17. When you hyperlink to the Website from another website, you do so at your own risk.
Framing
  • 18. No person may frame the Website in any manner without Touchsides' prior written consent.
Searching
  • 19. Other than bona-fide search engine operators and the use of the search facility provided on the Website (where applicable) no person may use, or attempt to use, any technology or applications (such as web crawlers, web spiders, robots, harvesting bots or scrapers) to search the Website for any purposes without Touchsides' prior written consent.
User postings on Website
  • 20. Touchsides may permit you to post your personal opinions, messages and ideas on the discussion forums on the Website.
  • 21. In the event you are allowed to post, you undertake not to post any information or content onto the Website that is, or may be, unlawful, defamatory, harassing, obscene, personal/commercial advertising/marketing material, profane, untrue, false, incorrect, misleading, infringes the privacy rights, intellectual property rights or any other rights or interests of Touchsides, its Affiliates or of a third party, or is harmful in any way. Without limiting the generality of this clause, you agree that you will not upload, post or otherwise transmit any content that includes but is not limited to any of the following:
    • 21.1 any personal information belonging to you or another person;
    • 21.2 spam/unsolicited communications, including advertisements for other websites and/or services, chain letters, pyramid schemes, polls or petitions;
    • 21.3 flooding the forum boards with excessive posts, meaningless posts, posts unrelated to the topic or padding posts;
    • 21.4 discussions that veer off topic, are unrelated to resolving the issue at hand, are repetitive or campaigning, that promote products or services from other providers, or abuse any company, product or service;
    • 21.5 unfounded or vexatious complaints about Touchsides, our Affiliates or our policies or practices;
    • 21.6 attacks (including "Flaming") of another user in such a way as to incite or perpetuate arguments or conflict; creating usernames to attack other users' identities; impersonating other individuals or falsely representing one's identity or qualifications; posts made under secondary user names or other aliases for the purpose of either endorsing or denigrating others; posts that breach any participant's privacy by including that participant's personal information;
    • 21.7 posting a link or otherwise directing other Website users to any information or content that, if posted on the Website would contravene these Terms and Conditions;
    • 21.8 include URLs of third party websites which may contain offensive or unlawful material;
    • 21.9 discussions regarding pending South African court cases;
    • 21.10 advice that would result in a breach of any Touchsides product;
    • 21.11 advice that, if followed, could result in injury or harm.
  • 22. Touchsides reserves the right to manage the postings on the Website to ensure that postings comply with these Terms and Conditions, and for any other reason we consider appropriate, although we will have no obligation to do so.
  • 23. Touchsides may modify, refuse to post or remove any content posted by you, although we will have no obligation to do so.
  • 24. You are encouraged to report to us information or content on the Website that you believe contravenes clause 21.
  • 25. To effectively manage the Website, Touchsides may designate employees or other persons to act as moderators and administrators for the Website ("Moderators"). You agree to comply with directions from us or the Moderators regarding your access to and use of the Website.
  • 26. Notwithstanding the provisions of clause 20 and 25 we are not responsible for any information or content posted by you or third parties on the Website.
  • 27. If you post any information or content onto the Website, you will be responsible for any loss, liability or damage that we or our Affiliates may suffer, directly or indirectly as a result of your posting to the Website.
Use of articles on Website for electronic clipping or personalised news services
  • 28. You may, subject to these Terms and Conditions, use any of the articles on the Website in electronic clipping services or personalised news services only if such electronic clipping service or personalised news service:
    • 28.1 does not copy or provide the entire article as it appears on the Website, but provides only a short, accurate description of the contents of the article;
    • 28.2 provides a correct and functioning hyperlink to the article on the Website;
    • 28.3 acknowledges the Website as the source of the content;
    • 28.4 acknowledges writers, journalists, photographers and any other third parties as they are acknowledged on the Website;
    • 28.5 indicates the date on which the article was sourced from the Website; and
    • 28.6 includes the following copyright notice: "Touchsides S.A. (Pty) Ltd. All rights reserved".
Security
  • 29. You may not, whether intentionally or negligently, do, or attempt to do, anything to interfere with or disrupt the Website, or compromise the security or stability of the Website, including, without limitation, by delivering, or attempting to deliver, any damaging code (such as computer viruses and worms) or other damaging or destructive component to the Website, or the server and computer network that support the Website.
  • 30. You must take all reasonable steps to prevent compromising the security and stability of the Website.
Privacy
  • 31. The terms of our cookie and privacy policy are incorporated in these Terms and Conditions, and you agree to be bound by that policy as if its provisions have been included in these Terms and Conditions in full.
  • 32. Our cookie and privacy policy is available on our Website as defined in clause 4.11.
Intellectual property rights and domain name use
  • 33. All intellectual property on the Website, including but not limited to software, information, content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks and hyperlinks, whether registered or not ("the intellectual property") is the property of, or is licensed to, us or our Affiliates.
  • 34. These Terms and Conditions should not be construed as granting you any license or right to use the intellectual property without our prior written consent.
  • 35. Without limiting the scope of clause 34, you specifically undertake not to copy, reproduce, modify, reverse engineer, adapt, publish, sell, distribute, transmit, broadcast, disseminate, exploit, or in any other way unlawfully use the intellectual property, or any aspect thereof.
  • 36. All our intellectual property rights are expressly reserved.
Disclaimers
  • 37. In clause 39 references to Touchsides, "we", or "us" includes our directors, officers, employees, agents, representatives, intermediaries and Affiliates.
  • 38. Information, ideas and opinions expressed on the Website should not be regarded as our professional advice or official opinion, and you are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions provided on the Website.
  • 39. Subject to the provisions of s43(5) and s43(6) of the ECT Act, if and to the extent applicable, and to any applicable provisions of the CPA, and to the full extent permitted by law:
    • 39.1 We make no representations and give no warranties, whether expressly or implicitly, as to the Website or the information provided on the Website, and specifically, but without limitation, make no representations and give no warranty:
      • 39.1.1 that the Website will be tailored to meet your personal requirements or expectations;
      • 39.1.2 of the time within which the Website will be updated, or that access to the Website will be uninterrupted or error-free; or
      • 39.1.3 that the information provided on the Website will be true, complete, accurate or reliable.
    • 39.2 We will not be responsible, and we disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, arising from negligence, and which is suffered by any person who accesses, uses or relies on the Website. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
      • 39.2.1 access to the Website;
      • 39.2.2 inability to access, or delays or difficulty in accessing, the Website.;
      • 39.2.3 access to any websites linked to the Website;
      • 39.2.4 inability to access, or delays or difficulty in accessing, any websites linked to the Website;
      • 39.2.5 access to, use of, or reliance on information or content available on the Website;
      • 39.2.6 without limiting the scope of clause 39.2.7, any content posted by third parties on the Website;
      • 39.2.7 services available from the Website;
      • 39.2.8 our delay or failure to fulfil our obligations under these Terms and Conditions to the extent that such delay or failure results from causes beyond our reasonable control; or
      • 39.2.9 any negligent act or omission of ours or our consultants, agents or employees.
      • 39.2.10 We also draw to your attention that our products and services (and any aspect thereof, including the pricing) are subject to change from time to time. The updated details will appear on the Website from time to time, where applicable.
Amendment and termination
  • 40. You agree that we may from time to time:
    • 40.1 discontinue any aspect of the Website or information, content, services and applications on the Website; and
    • 40.2 change the IT facilities required to access and use the Website or the information, content, services and applications on the Website.
    • 40.3 Such a change will not affect our or your rights and obligations in respect of a transaction or agreement between us which is already complete at the time of such change.
    • 40.4 All permissions granted in these Terms and Conditions are provided on a non-exclusive and non-transferable basis.
    • 40.5 We may terminate the Website, or any aspect thereof, at any time.
    • 40.6 Clauses 31 and 32 concerning our privacy policy, clauses 33 to 36 concerning our intellectual property, and the provisions of clause 39 will survive the termination of these Terms and Conditions for any reason whatsoever.
Entire agreement and variation
  • 41. These Terms and Conditions, as amended by us from time to time, constitute the entire agreement between us and you in relation to its subject matter and supersede any previous agreement between you and us.
  • 42. In the event that any provision detailed herein is found to be unenforceable or invalid for any reason, such terms or conditions will be severable from the remaining terms and conditions, and the remaining terms and conditions will remain enforceable and applicable.
Communications
  • 43. When you register on the Website, we will check our systems to confirm whether you have requested not to receive communications from us regarding our products and/or services. If you do not wish to receive such communications from us, please use the "unsubscribe" options set out in any direct marketing communications which we send you.
Consumer rights
  • 44. We draw to your attention that you may be entitled to certain consumer rights in terms of the ECT Act and/or the CPA and other applicable laws.
  • 45. No provision of these Terms and Conditions is to be interpreted or construed as excluding, limiting or waiving any rights which you may have, or avoiding any obligation which we may have, in terms of the ECT Act, the CPA, POPI Act or any other applicable laws, whether in South Africa or any other country having jurisdiction (unless such laws permit the parties to agree otherwise).
Applicable and governing law
  • 46. The Website is hosted, controlled and operated from the Republic of South Africa.
  • 47. These Terms and Conditions are subject to, and will be interpreted, implemented and enforced in terms of the laws of the Republic of South Africa.
  • 48. Subject to clauses 57 to 60 the parties consent to the jurisdiction of the Magistrate Courts in respect of all proceedings arising out of or pursuant to these Terms and Conditions. The parties may, in their discretion, institute any proceedings arising out of or pursuant to these Terms and Conditions in any division of the High Court of South Africa having jurisdiction.
Legal costs
  • 49. We will not be responsible for any costs incurred by you to obtain professional advice relating to these Terms and Conditions.
Breach
  • 50. Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms and Conditions and as a result of which we suffer any loss, liability, harm or damage.
  • 51. Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law. No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Information and Liability
  • 52. The Information is for general information purposes only and does not constitute advice. Touchsides shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of the Information, unless such damage is the result of any willful misconduct or gross negligence on the part of Touchsides.
  • 53. Touchsides shall furthermore not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Intellectual property rights
  • 54. The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Touchsides, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
  • 55. You can use the Website only for purposes in line with these Terms. You must not use any part of the content on our Website for other purposes without obtaining a written licence from us.
Indemnification
  • 56. You agree to indemnify us including Touchsides SA directors, officers, employees, agents, representatives, intermediaries and affiliates rom and against any actions, claims and liabilities arising out of or relating to your violation of these Terms or any unlawful use of the Website.
Resolution of disputes
  • 57. If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms and Conditions, any party who wishes to pursue that dispute may, subject to these Terms and Conditions, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
  • 58. Such arbitration proceedings shall be conducted in Johannesburg in English.
  • 59. The arbitration ruling will be final and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
  • 60. The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za, or other URLs used by the Arbitration Foundation of Southern Africa.
Amendment of Terms and Conditions
  • 61. We may amend the Terms and Conditions from time to time. If we amend the Terms and Conditions, we will post the amended terms and conditions on the Website.
  • 62. The amended Terms and Conditions will become effective immediately once they are posted on the Website, and any subsequent use of the Website will be governed by the Terms and Conditions effective at the time of such access and use.
  • 63. Each time you access the Website you agree to be bound by the version of the Terms and Conditions posted on the Website at the time. You are advised to regularly check these Terms and Conditions for any amendments.
  • 64. If we amend the Terms and Conditions, the amendment will not affect any transaction already in force between you and us at the time of the coming into operation of the amendment, or any rights or obligations which you or we may have in terms of an existing transaction.
Notices
  • 65. We choose the following address for the service of all notices and processes arising out of these terms and conditions: The Oval, West Wing, Wanderers Office Park, 52 Corlett Drive, Illovo, 2196, Gauteng, South Africa.

Cookie Policy

Cookies are small text files that the Website stores on your user device. We use cookies to recognize your browser or device, learn more about your interests, and provide you with essential features and services for additional purposes as outlined under the Cookie Policy below. By accessing the Website and clicking ‘accept' you agree to be bound by these terms and cookie policy.

Cookies used on the Website

The Website only uses the following cookies and for the following purposes:

Functional cookies: Cookies used to enhance the user friendliness of the Website for visitors. For example, a cookie is placed to remember your settings and to remember your shopping basket (where applicable). Without this cookie, you would have to re-submit this information. The functional cookies of the Website that are stored by Touchsides on your computer only remain valid during your session on the Website, except for the cookies that remember if you are logged in or logged out and that remember the content of your shopping basket, which are stored for a period in accordance to the relevant legislation.

Analytics cookies: Touchsides uses Google Analytics cookies, and other programmes (for example, Facebook Pixel), to analyse how visitors use the Website. Touchsides can then make improvements to the usability of the Website.

Third party cookies: The Website allows cookies of social plugins of several third parties. This enables a user to share content of the Website on certain social networks. These plugins also enhance the user friendliness of the Website. For example, with the Facebook plugin on the Website, users can simply register themselves on the Website with their Facebook account details (where applicable). The (use of the) data collected by these third parties via the social plugins are exclusively determined by such third party as Touchsides cannot read these cookies (nor can these parties read the cookies of Touchsides). For information regarding the third party cookies, please read the respective third party's policies.

Changing your settings

Should you wish to change the cookie settings in your browser, you may refer to your browser's documentation.

Contact

For any questions concerning the Touchsides website or the use of cookies on the Website, please contact info@touchsides.com.

Privacy Notice

This notice is issued in compliance with the Protection of Personal Information Act, 2013 (POPIA), and is intended to address the transparency and openness requirements of POPIA of website visitors. For Consumer- Hola Club Click & Collect Privacy Policy please visit www.touchsides.com.

Changes to the Terms, Cookie and Privacy Notice

The Terms, Cookie and Privacy notice may be changed over time. Such changes shall be effective immediately upon the posting of the modified Terms, Cookie and Privacy notice. Users of the Website are advised to regularly read the terms and conditions for possible changes.