law_edited_edited.jpg
 

TERMS OF USE

WEBSITE TERMS OF USE 

INTERPRETATION

 

The word “terms” refers to terms and conditions, and terms of use.

The word “site” refers to www.idlebrand.com which is owned by SA Max Group (PTY) LTD.

 

The word “we”, “us” or “our” refer to SA Max Group (PTY) LTD, its affiliates and subsidiaries.

 

The word “you” or "user" refers to the user or visitor of any SA Max Group (PTY) LTD owned website.



1)  GENERAL

 

1.1)  The  terms herein which include our Privacy Policy governing the relationship between you the user and us, in the use of the site. By using the site, you are agreeing to comply with, and be legally bound by, the Terms of Use.

 

1.2)  The site is not available for any person under the age of 18 without your parents/guardian’s consent and If you are under 18 years old, your parent or guardian is required to consent to your use of this site and shall be required to accept these terms on your behalf. 

1.3)  The site contains a variety of features and services which permit and/or facilitate:​

1.3.1)  All Event Information, Competition Registrations/Entries and Merchandise 

1.3.2)  Access to online communities which are designed to facilitate valuable professional and personal networking services amongst users of the

Website based on common experiences and interests; and

1.3.3)  The submission of a user's personal or company information on the Website, for use by our employees for competition entries and exhibition

registrations, it is not intended to, nor does it constitute an actual registration/transaction until payments are made in full.

 

1.4)  We reserve the right to suspend, change or discontinue any aspect or feature of our site, including, but not limited to, content, hours of availability, and equipment needed for access or use. We are further not obliged to give any notice of such termination or suspension.

 

 

2)  INFORMATION ON THIS SITE

2.1)  Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of us. Users must seek

advice prior to taking any action based on the contents of this site. 

 

2.2)  We have not determined that the site content is suitable for any particular purpose and/or for a particular user whatsoever, other than as a general

reference, and has not necessarily disclosed all risks relating to the site content or its subject matter. You should not rely on the site content for professional advice (including, but not limited to business, financial, investment, trading, or other advice) or as a basis for any investment, transactional or similar decisions you make or which are made on your behalf without first consulting with your preferred professional or business advisors (who may include your attorney, tax, accounting and investment advisors).

 

2.3)  No information or data on this site is an offer to do business (which upon acceptance by yourself will constitute a contract), but is merely an invitation to do business. No agreements shall be concluded merely by sending a data message to this site or its owners. Valid agreements require an acknowledgement of receipt of an offer, duly received from us. This is subject to the provisions in section 11 of the Electronic Communications and Transactions Act.

 

3)  RESTRICTIONS OF USE

3.1)  A User is authorised to print a single copy of the material contained on the Site for the User's own non-commercial use. The reproduction, redistribution, alteration and transmission of any material or information contained on the Site is strictly prohibited.

 

3.2)  The content of the Site such as text, graphics, images, logos, button icons, software and any other content available on the Site, is protected under

copyright, trademark and other applicable laws. All Site content is the property of SA Max Group (PTY) LTD or its content suppliers, clients or partners.

Unauthorised use of the Site Content is strictly prohibited. The User must preserve all copyright, trademark, and other proprietary notices contained on the original Site Content on any authorised copy of the Site Content.

 

3.3)  All features and facilities made available on the Site may be used only for lawful purposes.

 

3.4)  The User agrees not to sell or modify the Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site and/or SA Max Group (PTY) LTD, in any other manner that is likely to cause confusion among visitors of the Site and other Users, that disparages or discredits SA Max Group (PTY) LTD , the Site or its licensors, that dilutes the strength of SA Max Group (PTY) LTD or its licensor’s property, or that otherwise infringes the intellectual property rights of SA Max Group (PTY) LTD or its licensor(s).

 

3.5)  The User further agrees not to misuse the Site Content in any other manner. The use of the Site Content on any other Site or in a networked computer environment for any purpose is prohibited. Any code that we create to generate or display any Site Content or the pages making up the Site is also protected by our copyright and the User may not copy or adapt such code.

 

3.6)  The User hereby indemnifies us against any and all claims arising from the use by third parties of any material from the Site that they have accessed as a result of any reproduction, redistribution, alteration or transmission by the User of that material in contravention of these Terms of Use.

 

3.7)  In order to ensure a safe and effective experience for all Users, we reserve the right to limit the amount of data that may be accessed and/or exchanged by a User in any given time period. These limits may be amended in our sole discretion from time to time.

 

4) REGISTRATION

4.1)  When the User registers for access to the Restricted Areas, the User will be asked to create an account and may be asked to provide personal details. We will only use the Personal Information in accordance with the Privacy Policy. The Site may use cookies to verify the identity of Users who have

registered to access the Restricted Areas.

4.2)  We reserve the right to offer SA Max Group (PTY) LTD and third party services and products to the User based on the preferences that the User identifies in their registration and at any time thereafter.

4.3)  We reserve the right to terminate a User's registration to any Restricted Area, if any and to restrict a User's access to the Site without notice, at any time.

5) DISCLAIMERS AND LIMITATION OF LIABILITY

5.1)  We endeavour to ensure the accuracy and reliability of the operation of the Site and the Site Content, materials and products included and available on the Site, but because of the possibility of human and mechanical error as well as other intervening factors, we do not, expressly, tacitly or implicitly, represent, warrant or in any other way guarantee the accuracy or completeness of such information or that it is always up to date or that a User's access to the Site will be uninterrupted or error-free. It is the User's responsibility to ensure that all Personal Information submitted and made available to us is accurate and updated. We do not endorse any products, advice or content contained in any advertisements on our Site.

5.2)  We accept no liability for (or in respect of) any direct, indirect, incidental or consequential loss or damage of any kind or nature, howsoever arising, from the use of, or reliance on, the information provided on the Site, except where liability is attributed in terms of applicable peremptory legislation.

5.3)  You must be satisfied that you may lawfully access the Site, read the pages and/or act upon the material contained on the Site. We accept no

responsibility for any unauthorised access or actions in respect of such matters.

5.4)  By using the Site, you acknowledge that there are risks, including but not limited to, the risk of physical and/or emotional harm occasioned in dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other Users with whom the you come in contact through the Site. By its very nature, third party information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using the Site.

5.5)  Due to the inherent difficulties in User authentication on the internet, We cannot and do not confirm that each User of the Site is who they claim to be. A User is responsible for maintaining the confidentiality of his/her/its account, profile and/or passwords in relation to the Site. Users may not share their password(s) or other account access information with any other party, whether temporarily or permanently, and the User shall be responsible for any use of such Site registration information and password(s), whether or not authorised by the User. The User agrees to immediately notify us of any unauthorised use of your account, profile, or password(s), as the case may be.

5.6)  We do not provide or make any representation and/or guarantee as to the quality or nature of any third party products and/or services advertised and/or accessed through the Site. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

 

5.7)  By using the Site, you acknowledge that:

5.7.1)  SA Max Group (PTY) LTD is a passive conduit for the online distribution and publication of the Site Content, and has no obligation to screen or

monitor any:

a)  Personal Information and/or other content submitted by a User on the Site; and

b)  communications or other information exchanged between Users of the Site in any of the Site's communities and/or other facilities provided on the Site;

5.7.2)  The Site is a venue for us to post contests, services and event information.

5.8)  We may, at any time and at its sole discretion, review and remove any User content which:

5.8.1)  violates these Terms of Use and/or any applicable laws, rules or regulations; and/or

5.8.2)  is inappropriate abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of any other User(s) of the Site.


6) LINKING TO AND FROM THE WEBSITE

6.1)  You may not create a link to this site from a third party site or document without our prior written consent.


6.2)  Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed all of these third party websites and do not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk.

 
6.3)  If you would like to link to the site and have our permission to do so, you may only do so on the basis that you link to, but do not replicate, any page of 
the site, and subject to the following conditions:


6.3.1)  you do not remove, distort or otherwise alter the size or appearance of SA Max Group (PTY) LTD logo or any of its related subsidiaries (Boost Media Industries or idle);
6.3.2)  you do not in any way imply that we are endorsing any products or services other than our own;
6.3.3)  you do not misrepresent your relationship with us nor present any other false information about SA Max Group (PTY) LTD or its subsidiary companies.
6.3.4)  you do not otherwise use SA Max Group (PTY) LTD content displayed on the site without express written permission from us; 
6.3.5)  you do not link from a site that you do not have the necessary authority or permission to link from; and 
6.3.6)  the site you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property  rights or other

rights of SA Max Group (PTY) LTD or any other person or otherwise does not comply with all applicable laws and regulations.


6.4)  We expressly reserve the right to revoke the right granted in clause 6.3 for breach of these terms and to take any action we deem appropriate.


6.5)  You shall fully indemnify us for any loss or damage suffered by SA Max Group (PTY) LTD or any of its group companies for breach of clause 6.3.

6.6)  The fact that the Site contains a link to or from a third party website does not imply that there is any affiliation between SA Max Group (PTY) LTD and the

third party website, or that SA Max Group (PTY) LTD or its officers or employees endorse the third party website.

6.7)  We reserve the right to withdraw any permission granted, whether tacitly, verbally or in writing, to link to the Site, at any time if it is deemed, by us, to be in the best interests of SA Max Group (PTY) LTD.

7) COPYRIGHT AND TRADEMARKS

7.1)  The works of authorship contained on the Site, including but not limited to all designs, trademarks, logos, data, text and images, whether registered or 

unregistered, are the intellectual property of SA Max Group (PTY) LTD, its affiliates or third parties who have supplied information to SA Max Group (PTY) LTD, and are protected by South African and applicable international intellectual property laws and conventions. SA Max Group (PTY) LTD reserves the right to take legal action in respect of any reproduction, copying, distribution, framing, uploading to a third party, publication, adaptation, broadcast, public performance or other use or communication to the public of the information contained on the Site without the prior written consent of SA Max Group (PTY) LTD.

7.2)  A User is not permitted to use any of the trademarks displayed on the Site without the prior written consent of SA Max Group (PTY) LTD or the third party that owns the trademark.

7.3)  The User acknowledges and agrees that in uploading any information onto the SA Max Group (PTY) LTD, the User grants SA Max Group (PTY) LTD a non-exclusive, irrevocable worldwide, perpetual and unlimited royalty-free license in respect of the use of such information.

7.4)  By submitting information to the Site, the User represents and warrants, in favour of SA Max Group (PTY) LTD, that the User is entitled to submit the

information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. The User, by

using the Website, hereby indemnifies SA Max Group (PTY) LTD and holds SA Max Group (PTY) LTD harmless for all damages, losses and costs related to all third party claims, charges, and investigations, caused by the User's failure to comply with these Terms of Use, including, without limitation the User's submission of content that violates third party rights or applicable laws; and/or any activity in which the User engages on or through the Site.

 


8) APPLICABLE LAW & COMPLIANCE

8.1)  These Terms of Use shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Any dispute arising under or in connection with these Terms of Use and/or the use of the Site, any disclaimers, copyright and use statements contained in the Site, or any inability to use this Site, shall, without giving effect to any principle of conflict of laws be subject to the non-exclusive jurisdiction of South African courts. Notwithstanding the a-foregoing, SA Max Group (PTY) LTD may seek recourse in any jurisdiction worldwide in order to restrain the unlawful use of any of the material contained on the Site.

8.2)  SA Max Group (PTY) LTD makes no claims that the Site Content may be lawfully viewed or accessed in all territories across the world. Access to the Site by certain persons or in certain countries may not be legal. All access by a User to the Site is at the User's own risk and all Users are responsible for compliance with the laws of their jurisdiction and hereby indemnify SA Max Group (PTY) LTD in law of that jurisdiction.

8.3)  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

8.4)  No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, SA Max

Group (PTY) LTD failure to enforce any provision of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect SA Max Group (PTY) LTD ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional terms for certain areas of the Site, a particular "Legal Notice," or software license or material on particular Site pages, these Terms of Use constitute the entire agreement between the User and SA Max Group (PTY) LTD with respect to the use of the Site. No changes to these Terms of Use shall be made except as provided in terms of clause 9 below.

9) CHANGES TO THESE TERMS OF USE AND THE WEBSITE

9.1)  SA Max Group (PTY) LTD may update these Terms of Use from time to time and the User is responsible for periodically reviewing the most current version on the Site. A User's continued use of the Site will be deemed to be their conclusive acceptance of the updated Terms of Use.

9.2)  We reserve the right to change or delete any information, features or contents of the pages of the Site at any time and without notice.

 

PRIVACY POLICY

SA Max Group (PTY) LTD values its users/visitors and respects their privacy. We are committed to safeguarding the privacy of Users while providing a personalised and valuable service. SA Max Group (PTY) LTD recognized that it must maintain and use your information responsibly. We will take reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information.  However, we do not guarantee that your Personal Information shall be 100% secure. This policy describes the personal information we collect about you, why we collect it, how we use it and when we share it with third parties. 

Purpose

This Privacy Policy is applicable to your use of the Website (as defined below), and contain exclusions and limitations of the legal responsibility (liability) of SA Max Group (PTY) LTD (as defined below), and impose legal obligations on you.  By using the Website you indicate your acceptance of and agreement to the Privacy Policy.  Please read the Privacy Policy carefully.  It is suggested that you print a copy of this Privacy Policy and keep it for your records.

 

Your agreement with us

By continuing to use this Website which is accessible you agree to the terms and conditions set out in this Privacy Policy.  You agree that we may Collect Personal Information for the purposes of providing you with access to our Website and for any of the purposes listed in the paragraph below. If you do not agree with this Privacy Policy, please do not continue to use the Website and/or to provide us with any Personal Information.

 

What types of Personal Information do we Collect?

The types of Personal Information that we may Collect includes information necessary for our legitimate business interests and categories of personal information identified in relevant data protection laws in the Republic of South Africa, including the Protection of Personal Information Act, 2013 (" POPI "). The types of personal information includes identifiable information such as your first and last name, your email address, postal address, your telephone number, cellphone number, date of birth, and any other information which is necessary in order to enter/register any of our competitions, our events or purchase any merchandise. We may also Collect other information, including your interests, preferences, geographical location and demographics (e.g., age, race, gender, and income information). We may on occasion combine Personal Information we receive from publicly available records and information you disclose to carefully selected third parties to develop a customer profile relating to you. We will attempt to limit the types of Personal Information we Collect to only that to which you consent (for example, in the context of online registration, message boards, surveys, and polls) and which is necessary for our legitimate business interests. When you visit our Website, our web server also automatically records the name of your ISP (Internet Service Provider), the website from which you visit us, the pages on our sites you visit and in what sequence, and the date and length of your visit. This information is aggregate and anonymous data and does not identify you specifically.

 

How does SA Max Group (PTY) LTD use your Personal Information?

We may use your Personal Information to:

provide services and products that you request (e.g. send you by email or other electronic means of industry related newsletters, news or other products, services or news in which you express an interest); inform you of changes made to our Website or this Privacy Policy; inform you of job or career opportunities, products, services, offers, promotions and promotional competitions (whether SMS, mail or email) which you may find interesting; respond to any queries or questions that you may have; develop an online customer profile; understand general customer trends and patterns so we can develop and support existing and ongoing marketing strategies for our products and services; and for security, administrative and legal purposes.

Where you choose to receive mobile services and content via SMS, MMS and other mobile services, we use this information to deliver such mobile services and content to you, to carry out market research, to track sales data and to plan other promotional activities which may be of interest to you.

 

What about Personal Information that is publicly available?

If at any time our Website offers any chat rooms, message boards, blogs, newsgroups or forums, etc., we collect the information that you disclose. Such information will be used in accordance with this Privacy Policy. Please note that we are not responsible for other parties' use of the Personal Information which you make available to such third parties through any chat room, message board, blog, newsgroup or forums, etc. on our Website.

 

Will my Personal Information be used for marketing purposes?

Provided that you have given us prior consent, we may use your Personal Information for the purposes of:

marketing of our own products and services and on behalf of other companies; or marketing of products and services on behalf of selected third parties, if you have agreed to your details being passed onto third parties. This would include the provision of industry related newsletters, news or other products, services or news in which you express an interest, via any form of electronic communications (such as email and/or SMS).

  

How will SA Max Group (PTY) LTD store my Personal Information?

We store your Personal Information in the Republic of South Africa and we will take the necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction. Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy.

 

Will my Personal Information be shared with anyone else?

We may disclose Personal Information about you to other third parties to comply with applicable laws and regulations. We also reserve the right to disclose such Personal Information to third parties where a complaint arises concerning your use of our Website and where we believe, in our sole discretion, that your use of our Website is inconsistent with the Privacy Policy. We also share information about users of this Website in an anonymous or aggregate form (this means that your Personal Information will be de-identified) with third parties including advertisers and business partners, to understand customer trends and patterns and manage and improve our business relationships. We provide your Personal Information to third party processors to administer and process for the purposes notified to you in this Privacy Policy, and we may also share such details with carefully selected third parties (such as auditors or legal advisors) to obtain professional advice. Any such processing will be governed by an agreement in the form required by law, preserving any and all of your statutory data protection rights.

 

Use of the Website by under 18's

This Website is accessible to children under the age of 18. We require children to consult with their parents before providing Personal Data. We also encourage parents to supervise their children's online activities by, for example, adopting parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other Personal Data without parental permission. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites. 

 

Changes to this Privacy Policy

From time to time, we may revise this Privacy Policy to reflect company initiatives, changes in the law or technology or changes in our practices regarding the collection and use of Personal Information. If we decide to change this Privacy Policy, the changes will be posted on this Website so that you are always informed of the latest version. We will not use or disclose Personal Information provided to us pursuant to this Privacy Policy in ways other than the ones described above, without informing you and providing you with the opportunity to consent to such modified conditions concerning the use and disclosure of your Personal Information.

 

Governing law

The contents of this Privacy Policy shall be governed by the laws of the Republic of South Africa. If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full force and effect of the remainder of the provisions will not be prejudiced unless a court of competent jurisdiction determines that the substantive purpose of this Privacy Policy is then frustrated, in which case you may contact us at sales@boostmediasa.com.

 

How do I remove my information from the SA Max Group (PTY) LTD database?

We want to communicate with you only if you want to hear from us.  If you prefer not to receive information/ updates or news from us, either through email or by phone, please let us know by emailing us.  Please note that such requests may take up to 6 to 10 weeks to become effective.  In addition, if you ask us to remove your name and address from our email mailing list, we will maintain your name in a "DO NOT MAIL" list to ensure that we can honour your request.

POPI CONSENT

CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI)


SA Max Group (PTY) LTD and its wholly owned subsidiaries (referred to as “the Company”)

Introduction

In terms of POPI, a “Responsible Party” (in this case the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case your personal information and related details) in a lawful, legitimate and responsible way. To do this, we require your express and informed permission.

 

If you refuse to give this consent, we still have the right, in terms of POPI, to process your information without your consent in cases:

  • where this is necessary to effect a contractual relationship between us;

  • where this is required by law; or

  • where this is necessary to protect our legitimate interests.

 

Purpose for Collection
The reason we require your Personal Information is so that we can:

Voluntary

  • reply to your request and obtain further information.

  • for competition entries or registration of events

  • notify you of our goods, services and offerings (subject to your right to opt out of such communication); and/or

  • to complete a contract with you

 

All Personal Information you provide to us will only be used for the purposes it is collected for.

 

Consequences of Withholding's Consent or Personal Information

If you refuse to give us the required consent and/or information, we will be unable to provide you with our goods or services.

Storage, Sharing, Retention and Destruction of Information
All Personal Information you provide to us will be held and/or stored securely and held for the purpose of business. It will be stored electronically in a database, which will be accessible to all of our subsidiary companies to widen job-seeking opportunities. Where appropriate, some information may be kept in hard copy.

Sharing of Information

  • As above, your Personal Information will be accessible to our subsidiary companies.​

  • All forms of storage will be kept secure and audited regularly for safety and the security.​

  • If data is electronically stored outside of South Africa, this will be done only in countries that have similar privacy laws to ours or where facilities contractually align with POPI.

  • Once this information is no longer needed, it will be safely and securely archived for 7 years, as per the Companies Act, 71 of 2008. Then it will be permanently destroyed.

 

Right to Object
In terms of S11(3) of the POPI, you have the right to object to the Company processing your Personal Information. On receipt of your objection we will stop any further processing until the cause of your objection has been resolved.

 

Accuracy of Information and Onus
POPI requires that all your Personal Information and related details are complete, accurate and up-to-date. While we will do our best to ensure that your Personal Information is reliable, it is your responsibility to advise us of any changes to your Personal Information.

Complaints
You have the right to address any complaints to the Company via email

 

Direct Marketing, Advertising and Promotional Activities
The Company may use my Personal Information for the marketing and/or promotion of its own goods and services; and may not use Personal Information for the marketing and/or promotion of other parties’ goods and services.

Declaration and Informed Consent
I declare that all Personal Information supplied to the Company for the purposes of services required and related legal and operational reasons is accurate, up-to-date, not misleading and complete in all respects. I undertake to immediately advise the Company of any changes to my Personal Information if any of these details change.

I permit the Company to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and will be used.