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FOODSERVICE NETWORK GLOBAL (PTY) LTD TERMS AND CONDITIONS
Welcome and thank you for using the Foodservice Network & Foodservice Intelligence site ("the site").
1. The site is owned by Foodservice Network & Foodservice Intelligence (Pty) Limited ("Foodservice Network & Foodservice Intelligence") 2 Whiteley Road, Birnam, Melrose Arch, Johannesburg, South Africa, 2076
2. The site incorporates the Foodservice Network & Foodservice Intelligence online business to business ordering site ("the Foodservice Network & Foodservice Intelligence Online Shopping Site") and, save where the context otherwise indicates, references to "the site “are deemed to include the Foodservice Network & Foodservice Intelligence Online Shopping Site.
3. The site is hosted and managed in a SaaS Cloud provider which may, or may not, from time to time, reside within the Republic of South Africa. We promote the sale of Numerous Suppliers’ and/or Manufacturers Products ("the Products"). Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By purchasing, selling, bidding prices, adding products, receiving orders, by logging, or by using any of the functionality, or browsing on this site, that is reflected by transaction log, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.
4. Certain terms are applicable to the Foodservice Network & Foodservice Intelligence Online Shopping Site only ("the Foodservice Network & Foodservice Intelligence Online Shopping Site Terms").
5. While we make every reasonable effort to provide accurate and timely information about Foodservice Network & Foodservice Intelligence, its subsidiaries and associated companies ("the Foodservice Network & Foodservice Intelligence Group"), you should not assume that the information provided is always current or that this site contains all the relevant information available. In particular, if you are making an investment decision regarding the Foodservice Network & Foodservice Intelligence Services.
6. We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the site ("Comments"), but the Foodservice Network & Foodservice Intelligence Companies shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments.
7. Once disclosed, submitted or offered, your Comments shall become the property of Foodservice Network & Foodservice Intelligence. Foodservice Network & Foodservice Intelligence will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.
8. You warrant that the Comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material.
9. The Foodservice Network & Foodservice Intelligence Companies disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.
10. All products displayed on this site are subject to availability of the supplier’s basket. Foodservice Network and Foodservice Intelligence will not be held liable in any way whatsoever.
11. Transactions among buyers & sellers on the site. All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa .
12. The Foodservice Network & Foodservice Intelligence Companies reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.
13. We have made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor.
14. We cannot guarantee that your monitor's display of any colour will be accurate.
15. As an added service to our customers, Foodservice Network & Foodservice Intelligence provides you with free access to experts who give customers advice in various fields.
16. To see the list of experts currently available contact us on firstname.lastname@example.org (mailto:email@example.com)
17. Please note that the advice given by the experts is intended as a guideline only. You are hereby notified that, whilst the Foodservice Network & Foodservice Intelligence Companies will take all reasonable care, we accept no responsibility for reliance on any advice by you and give no warranties or representations in regard to the accuracy or completeness of any advice. In this regard you are advised to consult your experts or such other source as may be necessary before acting upon any advice.
18. The privacy of your data and information is very important to the Foodservice Network & Foodservice Intelligence Companies and therefore any information that you provide to us is stored on a secure server. Our secure server encrypts your identity number and Payment Card details so as to minimise the risk of unauthorised disclosure or interception.
19. The site makes use of "cookies" to reduce the possibility of unauthorised access to and disclosure of your personal information. The Foodservice Network & Foodservice Intelligence Companies may use your information to contact you about promotions and special offers and non-competitive reports. You are entitled, at any stage, to opt out of this service.
20. The Foodservice Network & Foodservice Intelligence Companies do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties.
21. We do however reserve the right to disclose information regarding our members’ usage of the site to each other and, amongst others, business partners and affiliates, including, but not limited to, the Foodservice Network & Foodservice Intelligence Group, its advertisers, suppliers and other selected third parties.
22. The Foodservice Network & Foodservice Intelligence Companies may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
23. The Foodservice Network & Foodservice Intelligence Companies retain all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of the relevant Foodservice Network & Foodservice Intelligence Company.
24. The Foodservice Network & Foodservice Intelligence Companies grant you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order with Foodservice Network & Foodservice Intelligence, for your personal use only.
25. Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of the relevant Foodservice Network & Foodservice Intelligence Company and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of the relevant Foodservice Network & Foodservice Intelligence Company and/or such trademark and/or copyright owner.
26. "Foodservice Network & Foodservice Intelligence", "It Just Makes Sense", "Fsn", "Fsintel", "ChefTv", the Foodservice Network & Foodservice Intelligence logo and all other marks, logos and trade names appearing on this site are trademarks of the relevant Foodservice Network & Foodservice Intelligence Company or their licensees in the Republic of South Africa and in certain other countries.
27. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of the relevant Foodservice Network & Foodservice Intelligence Company.
28. Your use of any of the trademarks displayed on the site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site.
29. You further undertake not to infringe any right of the Foodservice Network & Foodservice Intelligence Companies or their licensees in respect of such trademarks.
30. For the purpose hereof, the use of the trademarks on any other web site or networked computer environment is prohibited. All rights not expressly granted are reserved.
31. External hyperlinks may be provided on the site. You shall not interpret such hyper linking as constituting any relationship between the Foodservice Network & Foodservice Intelligence
32. Companies and any linked third party or any endorsement by the Foodservice Network & Foodservice Intelligence Companies of such third party and use of or reliance on any external links provided is at your own risk.
33. Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between the Foodservice Network & Foodservice Intelligence
34. Companies and any third party placing such advertising or promotional material on the site or any endorsement by the Foodservice Network & Foodservice Intelligence Companies of such third party and use of or reliance on any such material is entirely at your own risk.
35. You expressly agree that use of the site or the Internet is entirely at your own risk.
36. The site and its contents are provided on an "as is" and "as available" basis and the Foodservice Network & Foodservice Intelligence Companies make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.
37. The Foodservice Network & Foodservice Intelligence Companies disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.
38. The Foodservice Network & Foodservice Intelligence Companies do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
39. Save as expressly set out herein, the Foodservice Network & Foodservice Intelligence Companies shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Foodservice Network & Foodservice Intelligence Companies' negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.
40. The Foodservice Network & Foodservice Intelligence Companies, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet.
41. You will indemnify the Foodservice Network & Foodservice Intelligence Companies and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by the Foodservice Network & Foodservice Intelligence Companies pursuant to any such order.
42. Notwithstanding any other provisions contained herein, the Foodservice Network & Foodservice Intelligence Companies' liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.
43. The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only.
44. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify the Foodservice Network & Foodservice Intelligence Companies for any damage caused by any such act attributable to you.
45. The Foodservice Network & Foodservice Intelligence Companies may suspend the site or any part thereof or terminate your account at any time if the Foodservice Network & Foodservice Intelligence Companies should determine that you are not using the site in compliance with this agreement or if the Foodservice Network & Foodservice Intelligence Companies believe the information provided by you is untrue, inaccurate or incomplete.
46. In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.
47. This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
48. Any indulgence of extension of time granted by any Foodservice Network & Foodservice Intelligence Company to you shall not be construed as a waiver or variation of any of our rights or remedies.
49. At the option of any Foodservice Network & Foodservice Intelligence Company, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.
50. This Agreement is governed by the laws of the Republic of South Africa.
51. To purchase from the Foodservice Network & Foodservice Intelligence Online Shopping Site you must first register by visiting Register and completing the registration/ profile section
52. Registration and/or use of the Foodservice Network & Foodservice Intelligence Online Shopping Site constitutes acceptance of this Agreement, including the Foodservice Network & Foodservice Intelligence Online Shopping Site Terms, by you.
53. The Foodservice Network & Foodservice Intelligence Online Shopping Site Terms shall apply as between Foodservice Network & Foodservice Intelligence and yourself. Foodservice Network & Foodservice Intelligence reserves the right to amend the Foodservice Network & Foodservice Intelligence Online Shopping Site Terms from time to time and any such amendments shall be deemed to apply as between yourself and Foodservice Network & Foodservice Intelligence. Any such amendments will take effect immediately on posting of the amended Foodservice Network & Foodservice Intelligence Online Shopping Site Terms on the site.
54. To make purchases on the Foodservice Network & Foodservice Intelligence Online Shopping Site you must be over the age of 18 (eighteen) and be the holder of a valid Foodservice Network & Foodservice Intelligence user name and log in and or a South African MasterCard, Visa, American Express or Diners Club card ("Payment Card").
55. All Foodservice Network & Foodservice Intelligence card purchases shall be subject to the Foodservice Network & Foodservice Intelligence' standard terms and conditions of sale as applicable from time to time.
56. Registration on the Foodservice Network & Foodservice Intelligence Online Shopping Site is conditional on your specified account details are entered. Ensure your orders email address is noted and your user information is completed.
57. To register you will be required to provide certain information including personal details, Please keep your Password secret. Foodservice Network & Foodservice Intelligence accepts no liability for any damages suffered or losses incurred from the use or misuse of your Password.
58. You will be required to enter your User ID and Password each time you visit the Foodservice Network & Foodservice Intelligence Online Shopping Site.
59. To amend any registration particulars please visit Your Details and affect the amendments.
60. Foodservice Network & Foodservice Intelligence will endeavour to ensure that your personal information and/or credit card details are protected as they travel over the Internet.
61. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore Foodservice Network & Foodservice Intelligence cannot guarantee the absolute security of any information you transmit to us or which Foodservice Network & Foodservice Intelligence transmits to you.
62. Download *Trade Partner Registration Form* with Pricing Tier Structure or the Online Pricing Tab
63. Monthly fees are based on total GRV'd values (sales) for from your supplier to your branches that generated the purchase orders.
64. Monthly fees are billed in arrears transaction fees are based on the 1.5% of GRV’s (Goods received Voucher) generated by the FSINTEL platform which you can view on your logged in account.
65. You are liable for the online credit notes and claims generated by the system in favour of your customer
66. You are liable for the pricing you have bid on your products to your clients online and therefore responsible to uphold that price on your invoices generated from your online purchase orders delivered online and via email from FSINTEL.COM
67. The transaction fees payable by you to FSN does not include your rebates nor discounts applied on your buyer statements.
68. Your prices to your suppliers must include the 1.5% should you have concerns paying the 1.5%.
69. FsN manage the catalogue on your behalf and supplier behalf and provide a neutral platform to transact without human error or latency in trading or effecting decisions These are validated online by the buyer and supplier respective logged in credentialed users
70. By using the site to sell products, or placing orders for products, your right to use the site and its associated functionality is granted as long as your account is in good standing. Supplier commission and purchaser site license fees are charged in accordance with our Fees policy which we reserve the right to amend from time to time without prior warning and in line with sound business practises.
71. Should your account not be upheld in good standing (which implies settlement of fees and commissions no more than thirty “30” days outstanding), we reserve the right to disable your access either fully, or partially and restrict certain functionality until such time as your account returns into good standing. Your “account” implies the total good standing of your organisation or legal entity.
72. We acknowledge that individual sites and subsidiaries of a client may, in their own right be fully paid up, and draw your attention to the fact that this is in no way absolves the parent head-office or controlling company from their responsibility to ensure that all fees and commissions are duly paid.
73. We reserve the right to hand over accounts with outstanding balances of more than 90 days outstanding to authorised debt collection agencies in order for FsN to recover its debts.