THE SUITE - TERMS OF USE
Access and use of this platform is an automatic acceptance of and full agreement to these terms and conditions, forming a contract between you and SAB (see "Ts & Cs" below).
Minimum age to purchase alcohol: some sections of this platform are not intended to be accessed if you are under 18 years old (below the minimum legal age for lawfully purchasing alcohol in South Africa). Before accessing these sections of this platform, you will be asked to confirm your age.
Minimum age for capacity to contract: If you are not 18 years or older, or do not agree to these Ts & Cs you must leave this platform now.
1. DATA SECURITY:
It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this obligation.
2. DEFINITIONS AND INTERPRETATION
2.1 "SAB" means The South African Breweries (Pty) Limited (Company Reg. No. 1998/006375/07).
2.2 "SAB Suite Platform" means the ‘SAB Suite Platform’ at https://www.thesuite.co.za, including any portal, part or any aspect of the SAB Suite Platform. The SAB Suite Platform is owned and operated by SAB.
2.3 "User" or "you" means any person who accesses, enters, browses or uses any part or aspect of the SAB Suite Platform, even if that person only visited the home page of the SAB Suite Platform, and may include the account holder/trade customer and/or any person that operates on the customer's account.
2.4 "Ts & Cs" means the most updated, current, contract version/s of these terms and conditions and any other terms and conditions that may be applicable in any part of the SAB Suite Platform, which:
you agree to afresh every time you either visit, browse, access or use any part or aspect of the SAB Suite Platform; and
may be changed and/or updated by or on behalf of SAB from time to time.
It is the User's responsibility to ensure that they are aware of and comply with the most updated version of all Ts & Cs as defined on the SAB Suite Platform.
2.5 "person" means any natural person, or any other entity;
2.6 Other terms & conditions that also apply to you. These Ts & Cs apply along with the most updated applicable version of other terms and conditions that govern your accounts, our services and our relationship with you. Certain of the products and services that we make available to you on the SAB Suite Platform may also have their own terms and conditions.
3. IMPORTANT
3.1 You are contracting with SAB on these Ts and Cs when you access, enter, browse or use any part or aspect of the SAB Suite Platform, and/or subscribe to the SAB Suite Platform.
3.2 You agree to the most updated, current, applicable version/s of these Ts & Cs.
4. DISCLAIMER & LIMITATION OF LIABILITY
4.1 Subject to the provisions of sections 43(5) and 43(6) of the ECTA, if applicable, and as far as allowed by law, SAB (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from any reason whatsoever, including but not necessarily limited to:
access to the SAB Suite Platform;
access to web sites linked to, or associated with, the SAB Suite Platform;
inability to access the SAB Suite Platform;
inability to access web sites linked to the SAB Suite Platform;
content available on the SAB Suite Platform;
services available from the SAB Suite Platform; and
downloads and use of content from the SAB Suite Platform.
4.2 The SAB Suite Platform is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with SAB, that the content available from and through the SAB Suite Platform meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
4.3 Information, ideas and opinions expressed on the SAB Suite Platform should not be regarded as professional advice or the official opinion of SAB and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the SAB Suite Platform.
4.4 SAB does not make any warranties or representation that content and services available from the SAB Suite Platform will in all cases be true, correct or free from any errors. SAB shall take all reasonable steps to ensure the quality and accuracy of content available from the SAB Suite Platform.
4.5 SAB does not make any warranties or representations that the SAB Suite Platform shall be available at all times. Users acknowledge that the SAB Suite Platform may be unavailable due to updates or other causes beyond the reasonable control of SAB, including, but not limited to virus infection, unauthorised access, power failure or other "acts of God".
5. ALLOWED USE & LICENCE
5.1 SAB allows the User access to the SAB Suite Platform to all South African natural persons over the age of 18 (eighteen) years or older.
5.2 In order to sign up and subscribe to, and receive the benefits of the offers at, the SAB Suite Platform, Users need to pay a once-off fee of R49.99 as and when prompted to do so (the “Membership Fee”).
5.3 Once a User has successfully signed up and become a member of the SAB Suite Platform, a User can receive benefits as communicated by SAB on the SAB Suite Platform membership page (found at: https://www.thesuite.co.za/subscriptions) and as communicated by the Promoter in relation to the relevant campaign (the “Benefits”). The Benefits are subject to change by SAB at any time, without prior notice.
5.4 Users will be liable for their own data and voice charges in respect of accessing, using, registering for and becoming a member of the SAB Suite Platform as well as any verification process, if applicable, in addition to the Membership Fee.
5.5 SAB will from time-to-time host promotional offers, promotional competitions, or challenges on the SAB Suite Platform, or as otherwise communicated by SAB. Users can only redeem, and participate in the process to receive the Benefits in accordance with the terms specified by SAB for each particular promotional offer, promotional competition or, challenge.
5.6 Participation in the Benefits is only valid through the media communication on the SAB Suite Platform and/or the relevant terms in relation thereto.
5.7 Benefits can only be redeemed for purposes as set out in the relevant promotional competition, promotional offer or challenge rules available on the SAB Suite Platform, subject at all times to stock availability, and cannot be redeemed for the cash value of such Benefits in any manner whatsoever.
5.8 Once the Benefits have been redeemed by a User, such redemption is irreversible.
5.9 SAB licenses the User to view, download and print the content of the SAB Suite Platform, provided that such content is used for the intended purposes of the SAB Suite Platform. SAB may determine, change and/or stipulate the intended uses of the SAB Suite Platform at any time and it is the User's obligation to make sure that the User is fully aware of the intended purpose at any time that the User uses the SAB Suite Platform.
5.10 Content from the SAB Suite Platform shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SAB.
5.11 Users may only access and use the SAB Suite Platform for legal purposes as intended by SAB.
5.12 If any User uses content from the SAB Suite Platform in breach of the provisions detailed herein:
SAB reserves the right to claim damages from the User;
SAB reserves the right to institute criminal proceedings against the User; and
SAB shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
5.13 Hyperlinks and Linking
SAB may provide hyperlinks to web sites not controlled by SAB (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.
SAB does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
Persons that wish to link to content beyond the home page of the SAB Suite Platform shall do so at their own risk and indemnify SAB against any loss, liability or damage that may result from the use of content from the SAB Suite Platform.
SAB shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the SAB Suite Platform.
No person may copy any part of the SAB Suite Platform, in any manner whatsoever.
All licenses and/or permissions that may be granted by SAB are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by SAB at any time without giving reasons therefore.
Even though some hyperlinks are part of these Ts & Cs, if any of the hyperlinks do not operate or function properly or at all, these Ts & Cs will still be valid and the interpretation of these Ts & Cs will not be affected by that.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All intellectual property on the SAB Suite Platform, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to SAB and are protected from infringement by domestic and international legislation and treaties. Subject to any limited rights that may be licensed to the User, (which may be terminated or cancelled by SAB at any time without giving reasons therefore), all other rights to intellectual property on/associated with, the SAB Suite Platform are expressly reserved to SAB and are owned by or licensed to SAB at all times.
6.2 SAB and all other marks, brand names, designs and/or logos on the SAB Suite Platform are trademarks (whether registered or not) or another form of intellectual property owned by SAB, and Users agree not to use the trademarks or any other form of intellectual property. When the User receives a request from SAB to do so, the User shall immediately stop all use of such trademarks or any other form of intellectual property and/or domain name and transfer it to SAB at the cost of the User.
7. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
Access to the services, content, software and content downloads available from the SAB Suite Platform is classified as "electronic transactions" in terms of the ECTA and therefore Users
have the rights detailed in Chapter 7 of the ECTA and SAB has the duty to disclose the following information:
7.1 the full name and legal status of the SAB Suite Platform owner: The South African Breweries (Pty) Limited (Company Reg. No. 1998/006375/07);
7.2 street address: 65 Park Lane, Sandown, Sandton, 2144;
7.3 postal address: P.O. Box 782178, Sandton, 2146;
7.4 physical address for receipt of legal service: 65 Park Lane, Sandown, Sandton, 2144;
7.5 main business: The main business of SAB is detailed at sab.co.za;
7.6 the official e-mail address of the SAB Suite Platform is: sab@za.ab-inbev.com;
7.7 the manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 of the owner of the SAB Suite Platform may be viewed on the SAB site: sab.co.za;
7.8 management: The management profile of SAB is available on: sab.co.za;
7.9 alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
access to the SAB Suite Platform;
the inability to access the SAB Suite Platform;
the services and content available from the SAB Suite Platform; or
these Ts & Cs, which shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Johannesburg in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: arbitration.co.za;
7.10 cooling-off period: In terms of the operation of section 42(1)(d) of ECTA, the cooling-off provisions of the ECTA do apply to this SAB Suite Platform; and
7.11 complaints process: Users may lodge complaints concerning the SAB Suite Platform with SAB at (t) +27 860 000 722; (f) +27 860 722329; or sab@za.ab-inbev.com.
8. CHANGES & AMENDMENTS
8.1 SAB expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
change these Ts & Cs;
change the content and/or services available from the SAB Suite Platform;
discontinue any aspect of the SAB Suite Platform and/or Benefits and/or service(s) available from the SAB Suite Platform; and/or
change the software and hardware required to access and use the SAB Suite Platform.
8.2 We can change the Ts & Cs that apply to you, the way you access your accounts, and any services we provide. We can also add new rules and products or stop existing products at any time. We will only notify you of material changes and unless you cancel this agreement before the date on which the changes take effect, you will be bound to them.
9. PRIVACY POLICY
9.1 SAB shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act, 2013 (POPI), and the associated Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA and POPI Act may be downloaded from: http://www.polity.org.za.
9.2 This privacy policy may be updated from time to time, and you must ensure that you regularly check this page to ensure that you have read and accepted the most recent version. The terms contained in the last updated privacy policy shall be applicable.
9.3 WHAT IS PERSONAL INFORMATION?
Personal information is information about an identifiable individual, or as defined by the applicable legislation. It does not include aggregated information that does not allow you to be identified, nor does it include business contact information such as your name, title, business address and business telephone number.
9.4 COLLECTING PERSONAL INFORMATION
By accessing this digital platform, the information and content you may provide us for the purposes of providing the Benefits to you may constitute personal information that you hereby acknowledge is provided freely and voluntarily for such purposes on this digital platform. You warrant that you are lawfully entitled to provide the information provided and the information provided is true and correct in every respect. You indemnify us against claims by any parties in relation to the information provided in connection with this digital platform. Subject to the above, you acknowledge that you will be required to provide, and we will only collect, all personal information reasonably commercially required for us to be able to provide you with the Benefits. You will have the opportunity to decide whether or not to receive unsolicited commercial communications from us, except communications required by law or to administer any transaction requested by you, by written notice to us via the mechanisms we provide therefor. By providing any personal information to us, you fully understand and clearly consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this privacy policy and with the provisions of the Protection of Personal Information Act 14 of 2013 (“POPIA”).
9.5 SAB may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
SAB shall disclose information without the User's consent only through due legal process; and
SAB may compile, use and share any information that does not relate to any specific individual.
9.6 SAB owns and retains all rights to non-personal statistical information collected and compiled by SAB.
9.7 Your use of the SAB Suite Platform indicates your acceptance of the Ts and Cs, which include this Privacy Policy. Your acceptance constitutes the granting of consent to the use and disclosure of your personal information for the purposes set out above.
10. SECURITY
10.1 SAB shall take all reasonable steps to secure the content of the SAB Suite Platform and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SAB does not make any warranties or representations that content shall be 100% safe and secure.
10.2 SAB is under no legal duty to encrypt any content or communications from and to the SAB Suite Platform and is also under no legal duty to provide digital authentication of any page on the SAB Suite Platform.
10.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the SAB Suite Platform or the server and computer network that support the SAB Suite Platform. Notwithstanding criminal prosecution, any person who delivers any damaging code to the SAB Suite Platform, whether on purpose or negligently, shall, without any limitation, indemnify and hold SAB harmless against any and all liability, damages and losses SAB and its partners / affiliates may suffer as a result of such damaging code.
10.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the SAB Suite Platform and SAB reserves the right to claim damages from any and all persons concerned with a security failure or breach.
10.5 Any User who commits any of the offences detailed in sections 85 to 88 of the ECTA shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SAB and its partners / affiliates. The ECTA may be downloaded from: http://www.polity.org.za.
10.6 Software & Equipment: It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the internet and the SAB Suite Platform and/or download content from the SAB Suite Platform.
11. AUTHORISED USERS
11.1 If the User completes the necessary power of attorney form, SAB will allow another person to use the User's account.
11.2 The User agrees and warrants that data messages that are sent to SAB from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
11.3 The User will be liable for all actions, omissions and debts incurred by any other users that access the User's account, including our fees and charges, plus interest on those amounts.
11.4 The User understands the risks involved in giving another person access to the account and have considered the restrictions that should apply.
11.5 The User must provide correct and up to date information about the authorised users on the User's account/s and the User alone is responsible for deciding and checking what rights must be given to any other authorised users.
11.6 The User can cancel their authority at any time by completing the required SAB forms. The User will be liable for all transactions made before the authority was cancelled.
12. REPORTING INACCURATE CONTENT AND REMOVAL & CORRECTION OF CONTENT
Users are encouraged to report inaccurate content available from the SAB Suite Platform to SAB and SAB undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
13. INTERCEPTION OF COMMUNICATIONS
13.1 Subject to the provisions of the Regulation of Interception of Communications (RICA) Act 70 of 2002, the User agrees to SAB's right to intercept, block, filter, read, delete, disclose and use all communications sent or posted to the SAB Suite Platform by the User, its staff and employees; and
13.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the "writing" requirement as detailed in the ECTA and the RICA Act.
14. ENTIRE AGREEMENT & SEVERABILITY
14.1 Subject to the provisions of the "Allowed Use and Licence" (Clause 5 above), these Ts & Cs constitute the entire agreement between SAB and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by SAB from the User.
14.2 Any failure by SAB to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
14.3 In the event that any Ts & Cs detailed herein are found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining Ts & Cs. The remaining Ts & Cs shall remain enforceable and applicable.
14.4 No amendment to these Ts & Cs or any rules and no waiver of any of our rights will be of any force unless it is recorded in writing and signed or issued by our authorised representatives.
15. AGREEMENT IN TERMS OF SECTION 21 OF THE ECTA
The User and SAB agree that:
15.1 the User shall be bound to these Ts & Cs and such agreement is concluded in Johannesburg (South Africa) at the time that the User enters the SAB Suite Platform for the first time or immediately after the User indicated consent as required in the "Allowed Use and Licence" (Clause 5 above);
15.2 data messages (as defined in the ECTA) addressed by the User to SAB shall only be deemed to have been received if and when responded to;
15.3 data messages (as defined in the ECTA) addressed to the User by SAB shall be deemed to be received by the User as detailed in section 23(b) of the ECTA;
15.4 data messages (as defined in the ECTA) addressed by the User to SAB shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;
15.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and SAB; and
15.6 the User agrees and warrants that data messages that are sent to the SAB Suite Platform from a computer, IP address or mobile device normally used by or owned by the User, will be sent and/or authorised by the User personally.
16. APPLICABLE & GOVERNING LAW
Subject to clause 7.9 above (Alternative dispute resolution), the SAB Suite Platform is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the SAB Suite Platform, its content, services and these Ts & Cs.
17. GENERAL
17.1 You must tell us immediately if you are placed under an administration order, or are sequestrated.
17.2 If your estate is provisionally or finally sequestrated or if you pass away, or become legally incompetent the full amount you owe us will become due and payable and access to the funds in your account will be restricted.
17.3 If we need to take legal action against you, one of our managers (who does not need to prove his appointment) will produce a certificate to the court, recording the amount you owe us. If you disagree with this certificate, you will have to prove that it is incorrect.
17.4 In the case of fraud, suspected fraud, or where the law compels us, we can freeze or close your account and/or stop a service without notice to you.
17.5 If there is a dispute about any matter or record, our records (certified as correct by any SAB manager whose authority need not be proved) will serve as prima facie proof unless you can prove the contrary.
17.6 Unless we agree to this, you may not cede or pledge any of your rights or delegate any of your duties under your and our agreement.
17.7 While we may give you extra time to comply with your obligations or decide not to exercise some of our rights, you must not assume that this means that our agreement with you has been changed or that it no longer applies to you. We can still insist on the strict application of any or all of our rights at a later stage.
17.8 We may terminate the contract on these Ts and Cs at any time by giving you reasonable notice of termination.
18. LEGAL COSTS
SAB shall not be liable for costs incurred by Users to obtain professional advice relating to these Ts & Cs.