User Agreement

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.

A. General Terms and Conditions of Use

  1. Definitions

In this user agreement, the terms below have the following meanings:

Agreement

this user agreement between the User and FOODCORP, together with the Privacy Policy;

Confidential Information

all information and data of any nature, whether tangible, intangible, oral or in writing
and in any format or medium, that is obtained or learned by, disclosed to or comes to the knowledge
of the User by or from FOODCORP or its affiliates, by whatsoever means, which by its nature or
content is, or ought reasonably to be, identifiable as confidential or proprietary;

Foodcorp

Foodcorp Proprietary Limited, registration number 2004/000743/07, a private company duly
registered in accordance with the laws of the Republic of South Africa, with its registered address
at Ten The Boulevard, Westway Office Park, Westville, KwaZulu-Natal, 3629;

Personal Information

information relating to:

  • the User, including the race, gender, sex, marital status, family status, national, ethnic or
    social origin, age, education, language and birth date; and
  • any identifying number, symbol, e-mail address, physical address, telephone number or other
    assignment to the User;

Privacy Policy

the privacy policy contained in Part B of this Agreement;

Process

as defined in the Protection of Personal Information Act No. 4 of 2013 and “Processing”
shall have a corresponding meaning;

Site

collectively FOODCORP’s website/s, mobile or desktop applications;

Supreme Portal

the online portal provided by FOODCORP in relation to its brand, Supreme Flour, which is
contained on the Site; and

User

the user of the Site.

  1. Acceptance and Consent by User
    1. By using the Site and logging into the Supreme Portal, the User expressly agrees to the terms and
      conditions of this Agreement. This Agreement applies to any information accessed or acquired via the
      Site.
  2. Conditions of Use
    1. This Agreement applies to any and all use of the Supreme Portal, including (i) the Site and (ii) any
      third party website or mobile application linked to the Site.
    2. The User’s access to and use of the Supreme Portal is conditional upon the User’s acceptance of and
      compliance with this Agreement. Should the User disagree with any provision set out in this Agreement,
      such User must refrain from accessing the Site and/or using any other services related to the Supreme
      Portal.
    3. FOODCORP may amend and/or replace this Agreement from time to time. The current version of the Agreement
      will apply each time that the User accesses and uses the Site.
    4. FOODCORP may, in its sole discretion, refuse service, remove or edit content, or terminate access to the
      User.
  3. User Account
    1. The User warrants that (i) it has fully disclosed all necessary facts; (ii)
      all information provided to FOODCORP on or via the Site will be true, correct and current; and
      undertakes to update the information as and when required.
    2. FOODCORP may refuse to provide products and/or services to the User if it is unable to verify any
      information provided by the User.
    3. FOODCORP may, in its reasonable discretion, deny access to the Site by a
      User as a result of a breach of this Agreement, including but not limited to:

      1. if the User provides incorrect, inaccurate, misleading information;
        and
      2. if the User makes use of the Site for inappropriate or unsolicited purposes.
  4. Electronic Communication
    1. When the User visits the Site or sends e-mails to FOODCORP, it accepts that FOODCORP can communicate
      with the User via electronic communication, which shall include e-mail, SMS and/or push notifications,
      for any purpose related to the Supreme Portal and/or the Site.
    2. The User agrees and acknowledges that electronic communication will be sufficient for purposes of legal
      service and notices.
    3. Any electronic communication sent to the User will be regarded to have been received by the User upon
      being sent by FOODCORP to the email address and/or the cellphone number provided by the User, or through
      the application registered to the User.
  5. Confidentiality
    1. The User shall at all times keep the Confidential Information secret and shall not directly or
      indirectly:

      1. use or permit the use of the Confidential Information save as may strictly be necessary; and/or
      2. disclose any Confidential Information to any third party for any reason or purpose whatsoever,
        other than its Personnel and only to the extent that such disclosure is reasonably necessary and
        on a “need to know” basis, and provided that such Personnel are either bound by general
        confidentiality undertakings no less stringent than
        those contained in this Agreement or agree, in writing, to be bound by the terms and conditions
        of this Agreement prior to such disclosure.
  6. Copyright
    1. All content published on or via the Site (for example, text, graphics, logos, button icons, images,
      audio clips, digital downloads (which includes but is not limited to the certificates of analysis), data
      compilations, and software) (“proprietary material”), is the property of, or is licensed to, FOODCORP
      and as such is protected from infringement by local and
      international legislation and treaties.
    2. Irrespective of the existence of copyright, the User acknowledges that FOODCORP is the proprietor of all
      material on the Site (except where a third party is indicated as the proprietor) and that the User has
      no right, title or interest in any such material.
    3. All rights not expressly granted are reserved and no right, title or interest in any proprietary
      material or information contained in the Site is granted to the User. Except with FOODCORP’s express
      written permission, no proprietary material from the Site may be copied, retransmitted, used, altered or
      disseminated.
  7. Disclaimer and Indemnity
    1. FOODCORP does not guarantee the operation of the Site or the information,
      content, tools or materials on the Site. Use of the Site is at the risk of the User and FOODCORP
      will not be liable for any loss, liability, harm or damage caused to the User as a result of use of
      the Site.
    2. The User acknowledges and understands that the information included on the
      Site, or received in relation to the Supreme Portal, should not be regarded as either advice or an
      intermediary service in terms of the Financial Advisory and Intermediary Services Act of 2002.
    3. While FOODCORP makes every effort to ensure that the content and
      information on the Site are complete, accurate and up to date, FOODCORP makes no guarantee about the
      suitability information on the Site or whether it is complete accurate, up to date or
      appropriate.
    4. FOODCORP reserves the right to change or update information and to correct
      errors, inaccuracies, or omissions at any time without prior notice.
    5. The User accepts that some of the information, content, tools or materials
      on the Site come from external sources, and agrees that FOODCORP is not responsible, and will not be
      held liable, for any information or content, received from these external sources.
    6. FOODCORP cannot be held responsible for any cell phone or data charges as a
      result of the User’s use of the Site.
    7. The User accepts full responsibility for all activities that occur under
      its access details or password and accepts responsibility for maintaining the confidentiality of its
      access details and password.
    8. FOODCORP will not be responsible for any consequences resulting from the
      User’s response to any communication sent by a “phisher” or a “spoofer”.
    9. The User defends, indemnifies and holds harmless FOODCORP, its employees,
      contractors, agents, officers, directors and affiliates, from and against any and all claims,
      damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
      attorney’s fees), resulting from or arising out of (i) the use and access of the Site and/or the
      Supreme Portal, by the User or any person using that User’s access details and password; (ii) a
      breach of this Agreement, or (iii) any content posted.
    10. In no event shall FOODCORP, its directors, officers, employees, partners,
      agents, or affiliates, be liable for any indirect, incidental, special, consequential or punitive
      damages, including without limitation, loss of profits, data, use, goodwill, or other intangible
      losses, resulting from (i) access to or use of or inability to access or use the Site and/or the
      Supreme Portal; (ii) any conduct or content of any third party on the Site; (iii) any content
      obtained from the Site and/or the Supreme Portal; and (iv) unauthorized access, use or alteration of
      the User’s transmissions or content, howsoever caused, and whether or not it has been informed of
      the possibility of such damage.
  8. Linking to Third Party Websites
    1. FOODCORP may provide links to third party websites on the Site. These links
      are provided to the User for convenience purposes only and FOODCORP does not endorse, nor does the
      inclusion of any link imply FOODCORP’s endorsement of, such websites, their owners, licensees or
      administrators or such websites’ content or security practices and operations.
    2. While FOODCORP tries to provide links only to reputable websites or online
      partners, FOODCORP cannot accept responsibility or liability for the information provided on other
      websites. Linked websites or pages are not under, nor subject to, the control of FOODCORP. FOODCORP
      is not responsible for and gives no warranties and makes no representations in respect of the
      privacy policies or practices of linked or any third party or advertised websites on the
      Site.
    3. From time to time FOODCORP may employ the services of third parties to
      assist with the hosting and management of certain services and aspects of the Site. FOODCORP will
      employ all commercially reasonable endeavors to ensure that third parties comply with the Privacy
      Policy and generally accepted security standards.
  9. General Provisions
    1. This Agreement (including the Privacy Policy and Confidentiality Policy)
      shall be governed in all respects by the laws of the Republic of South Africa.
    2. FOODCORP chooses its registered address as the address for delivery of all
      notices and/or legal process in terms of this Agreement.
    3. No failure or delay by FOODCORP to exercise any of its rights will be regarded as a waiver of its
      rights, nor will it affect the validity of any part of this Agreement.
    4. [For any queries in relation to the Site and/or the Supreme Portal, please contact
      [●], tel: [●], email: [●], during office hours
      (Monday to Friday from 9:00 to 17:00)].


B. Privacy Policy

  1. The General Principles of the Privacy Policy
    1. This Privacy Policy covers how FOODCORP treats Personal Information
      collected electronically when the User uses the Site, participates in the Supreme Portal,
      communicates with FOODCORP, registers or applies online for any FOODCORP related products or
      services.
    2. When dealing with Personal Information:
      1. FOODCORP will only Process Personal Information with consent of the
        User (acquired through this Agreement, elsewhere on the Site or otherwise in relation to the
        Supreme Portal), unless FOODCORP is legally required to do so;
      2. FOODCORP takes reasonable care to prevent loss of, damage to or
        unauthorised destruction of Personal Information and unlawful access to or processing of
        Personal Information; and
      3. FOODCORP will use non-identifying / de-personalised data for
        statistical and research purposes.
    3. By using the Site, participating in the Supreme Portal, registering or
      applying online for any FOODCORP related products or services, or contacting FOODCORP
      electronically, the User expressly consents to FOODCORP processing Personal Information for the
      purposes set out herein, elsewhere on the Site or otherwise in relation to the Supreme Portal and
      expressly consents to the further processing of Personal Information by FOODCORP or by third parties
      (Personal Information will only be shared with third parties to the extent necessary for FOODCORP to
      offer the services in relation to the Supreme Portal which may include sharing the User’s
      information within the FOODCORP community).
  2. Storage of Personal Information
    1. Personal Information will be stored in FOODCORP’s databases for as long as
      the User accesses the Site and/or participates in the Supreme Portal and for a reasonable time after
      the User has ceased accessing the Site and/or participating in the Supreme Portal. If the User
      chooses to delete its account, Personal Information will be permanently deleted, unless FOODCORP or
      any third party is required to store such Personal Information in accordance with any law or
      regulation.
    2. The User accepts that FOODCORP may store Personal Information outside of
      the region or country that the User may submit or use it in.
  3. Reasons for Processing Personal Information
    1. The following are some of the reasons why FOODCORP would collect Personal
      Information:

      1. to process the User’s instructions or requests and to personalise
        and tailor services and/or products to meet the needs of the User;
      2. photos uploaded or otherwise provided by the User, can be used and
        displayed on the Supreme Portal; and
      3. to collect, analyse and combine Personal Information for
        compilation of the members or members group on the Site and Supreme Portal.
    2. FOODCORP will not sell, rent or provide Personal Information to
      unauthorised third parties for their use unrelated to the Supreme Portal, without the User’s
      consent.
  4. Correction and Status of Personal Information
    1. If the User wants to update, delete or correct any Personal Information
      held by FOODCORP, or withdraw its consent for FOODCORP to use its Personal Information, the User may
      do so on the Site or e-mail FOODCORP for assistance.
    2. The User may, at any time, request:
      1. FOODCORP to confirm whether or not it holds Personal Information
        about the User;
      2. the record or a description of the Personal Information about the
        User held by FOODCORP; and
      3. information about the identity of all third parties or categories
        of third parties, who have, or have had, access to the User’s Personal Information.
  5. Third Parties
    1. FOODCORP may enter into arrangements with its partners or other third-party
      suppliers which will require FOODCORP to disclose Personal Information, some of such third parties
      may include insurance providers, data analysts, marketing firms and professional advisers.
  6. Cookies and Online advertising
    1. FOODCORP may use information that is sent from the Site to the User’s hard
      drive, where it is saved (“cookies”). FOODCORP also collects information about how the User uses the
      website, the User’s preferences and past browsing history.
    2. FOODCORP may engage third parties that help FOODCORP deliver banner
      advertisements and other online communications. The third parties may collect and use information
      about the User to help FOODCORP understand the offers, promotions, and types of advertising that are
      most appealing to the User. Such third parties may, in turn, use cookies.
  7. Changes to the Privacy Policy
    1. FOODCORP may amend the Privacy Policy from time to time. FOODCORP will
      notify the User of any material changes within a reasonable time, however, the User should
      familiarise itself with this Privacy Policy regularly. What constitutes a material change will be
      determined at FOODCORP’s sole discretion.
    2. The current version of the Privacy Policy will govern the respective rights
      and obligations between the User and FOODCORP each time that the User accesses and uses the
      Site.
  8. Acknowledgement
    1. The User hereby acknowledges that it is aware of the following:
      1. the Personal Information being collected;
      2. the name and address of FOODCORP;
      3. the purpose for which the Personal Information is being
        collected;
      4. that providing Personal Information is voluntary;
      5. failure to provide Personal Information will prevent FOODCORP from
        being able to offer the User access to the Supreme Portal;
      6. the identity of FOODCORP as the recipient of the Personal
        Information;
      7. the nature or category of the Personal Information;
      8. the existence of the User’s right of access to and the right to
        rectify the Personal Information provided by the User;
      9. the existence of the right to object to the processing of Personal
        Information; and
      10. the right to lodge a complaint to the Information Regulator
        at:

Physical Address:33 Hoofd Street, Forum III, 3rd Floor Braampark,
Braamfontein, Johannesburg

Tel: 012 406 4818

Email: inforeg@justice.gov.za