Last updated May 11, 2020
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in ZAR.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
FOOTY’S 99 DAY BANTING BLAST CHALLENGE TERMS AND CONDITIONS
1.1. Participation in this Competition is governed by these terms and conditions (the “Rules”).
1.2. Participants are encouraged to review the Rules before entering the competition and acknowledge that they have been given an appropriate opportunity to do so and that they understand and accept these Rules.
1.3. This competition is operated by Footy’s Future foods Pty Ltd in conjunction with Food Lovers Market.
1.4. Participation in the Competition constitutes acceptance of these Rules and Participants agree to abide by these Rules.
2. By participating in this Competition, Participants agree to the rules set out below
2.1. This Competition is limited to legal residents and/or legal citizens of the Republic of South Africa, Namibia and Botswana. In addition, the following people shall not be eligible to participate in this Competition:
2.1.1 Directors, members/admins, partners, promotional and advertising agents, merchandisers, employees or consultants of the Promoters.
2.1.2. People who are not legal residents and/or legal citizens of the Republic of South Africa, Namibia & Botswana.
2.1.3. Spouse, life partner, parent, child, brother, sister, business partner or associate of any of the persons specified above.
2.2. This Competition shall commence on 22nd March 2021 and close on 28 June 2021. Three winners for category “Best before and After Photo” will be chosen on 14 July 2021 and three winners for category “Best Meal” posts will be chosen on 14 July March 2021. A total of six winners will be announced for this competition as detailed below.
3.1.1 Banting members to participate and post before photos and on day 99 their after photo.
3.1 Participants may enter the competition by doing the following :
3.1.2 Participants to post their before photo on the “7 Day banting meal plan” Facebook group using the hashtag #FootysBantingBlastEntry. On day 99 participants are to post their after photo. After which a top 10 and top 3 will be selected by a panel of judges.
3.2.1 Banting members to participate and post daily banting meals where Footy’s products feature in the photo and post with the hashtag #FootysBantingBlast.
4.1 Winners will be selected Daily for 99 days (total of 99 daily winners) and the winners will receive Footy’s Products & Food Lover’s Market product hampers.
4.1.2 Top 3 winners for category “Best Creative Meal” will be selected by a panel of judges (Overall winner, Runner Up and 2nd Runner Up). The winners will receive a Footy’s & Food Lover’s Market product Hamper.
4.1.3 Top 3 winners for catergory “Best Before and After Photo” will be selected by a panel of judges ( Overall winner, Runner Up, 2nd Runner Up). The winners will receive a Footy’s & Food Lover’s Market product Hamper.
5. How the winners will claim a prize
5.1.1. Judges will choose Top 10 participants.
Facebook followers will Vote (1 Like=1 Vote) on Top 3 photos shared on the Facebook group.
Winners will be announced on Day 115, 14 July 2021, and be verified per below process.
5.1.2. The verified winners will be announced 14 July 2021 on Facebook “7 Day Banting Meal plan” group.
5.1.3. The winners will be contacted via direct message to share all relevant contact details with Footy’s.
5.1.4. At the time that a potential prize winner is identified, the potential prize winner will receive a direct message on Facebook from a representative of the company at which point he/she may be required to answer a few questions regarding his/her eligibility as well as be requested to submit certain documents.
5.2 If the Company is unable to reach any of the potential prize winners after 3 (three) attempts made within 2 (two) working days of their name being drawn, or if the potential prize winner fails to submit any requested information or documentation within 48 hours of it being requested, for whatsoever reason, including incorrect telephone numbers or inoperative telephone numbers, such winner will be disqualified and a runner up finalist will be deemed the potential prize winner subject to the terms and conditions herein.
5.3.The choice of service providers and vendors, including but not limited to courier companies is at the sole discretion of promoters.
6.1. The judges’ decision is final, and no correspondence will be entered into.
6.2. The prize is not transferable. The prize will not be handed/awarded to a third party, but only to the verified prize winner
6.3. By entering, a participant acknowledges that personal information about the participant will be shared with the company and their agents to the extent necessary to conduct the competition and for prizes to be delivered to prize winner.
6.5. The Company shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.
6.6. The Company shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.
6.7. Responsibility is not accepted for entries lost, damaged or delayed as a result of any network, computer or cell phone hardware or software failure of any kind. Proof of sending will not be accepted as proof of receipt.
6.8. Nothing in these Rules is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Company in terms of the Consumer Protection Act, 68 of 2008 (CPA).
6.9. All participants participate entirely at their own risk. By reading and accepting these rules, the participants give consent to these risks and hereby indemnifies and holds harmless the company, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the competition and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the promoters.
6.10. The Company, their directors, employees, agents and distributors accept no responsibility and they will not, in any circumstances, be liable to compensate the participants, or accept any liability for: (a) any inability by the participant to use the prize in part or at all; (b) the lack of quality or any other aspect of any service which is or should be provided at any venue(s) in relation to the prize; or (c) any personal loss or injury occurring at any venue(s) arising, directly or indirectly, out of the use of the prize.
6.11. The Company, their directors, employees, agents and distributors, are not responsible for any misrepresentation (whether written or verbal) in respect of any prize nor in respect of any warranties or undertakings given by any person other than the promoters themselves.
6.12. The Company reserve the right to terminate or extend the competition at any time. In the event of such termination or extension, all participants agree to waive (give up) any rights that they may have in terms of the promotion and acknowledge that they will have no recourse against the promoters, its advertising agencies, advisors, suppliers and nominated agents.
6.13. By entering the competition, participants acknowledge that the promotion will be managed in accordance with the provisions of the Consumer Protection Act. Participants undertake to expeditiously do all things necessary to enable the promoters to comply with their obligations under the Consumer Protection Act including, but not limited to providing such personal information as may be required in order to facilitate handing over the prize to the participant. Should any participant refuse or be unable to comply with this requirement, the participant shall be deemed to have forfeited the prize.
6.14. Notwithstanding anything to the contrary contained in these rules, the company reserve the right to amend, modify, change, postpone suspend or cancel this competition, the rules and any prize (which has not yet been allocated), or any aspect thereof, without notice at any time, for any reason which the company deem necessary. At the end of the competition for whatsoever reason, all of the company’s obligations in regard to the competition as well as in regard to the prizes shall cease to exist.
6.15. Facebook : This competition is in no way organised, endorsed or administered by, or associated with, Facebook and/or Instagram. You understand that you are providing your information to the company and not to Facebook and/or Instagram.
6.16. It is a condition of participating in the competition that the participant warrants that their submission is original and does not infringe the intellectual property of any third parties. The participant assigns all rights, title and interest in their submission to Footy’s without compensation. The participant further agrees not to object to Footy’s use and/or implementation of the submission. Footy’s may, if required request that a participant complete any documentation necessary to give effect to this assignment of right, title and interest of the submission to Footy’s.
6.17. Footy’s reserves the right at its own discretion without having to give reasons for this to immediately remove any submission or disqualify a participant if his/her submission or any aspect thereof is alleged to be an infringement of any third party’s rights, including intellectual property rights such as copyright, patents, designs, trademarks, confidential information, etc. If this happens, Footy’s will not be legally responsible to any person and the winner will forfeit the prize or the remaining value thereof. Footy’s does not have to investigate the validity of such third parties’ complaints before exercising these rights.
6.18. The participant agrees to hold Footy’s harmless against any claims by parties that his/her submission or any aspect thereof infringes their rights in any way. This means that if Footy’s is sued, the participant will, at Footy’s discretion, defend Footy’s against such claims and/or pay back any legal costs or expenses, or amounts Footy’s paid or must pay in damages to any person or to settle any claim, back to Footy’s. Legal costs and expenses will be calculated on an attorney and own client scale. It will be the participant’s sole responsibility to conduct, at his/her cost and prior to submitting his/her entry for the competition, all the necessary checks to determine whether his/her submission or any aspect thereof infringes any third party’s rights.
6.19. These rules shall be governed by and interpreted according to the laws of the Republic of South Africa and any participant and Footy’s consent to the non-exclusive jurisdiction of the High Court of South Africa.
6.20. For further information or enquiries please email our consumer services at firstname.lastname@example.org or call us on 012 335 1077. Calls to this number will be charged by your cellular network service provider.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
These terms shall be governed by and defined following the laws of South Africa. Footy's Future Food [Pty] Ltd and yourself irrevocably consent that the courts of South Africa shall
have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the South Africa courts. Footy's Future Food [Pty] Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Orders are sent via an independent Courier Company. We have limited manageability with respect to time frame for delivery and cannot take responsibility or liability for any unforeseen circumstances which can/may have an impact on the delivery time frame. We will however always try our utmost best to ensure that the order is delivered in good time and in good order.
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Footy's Future Food [Pty] Ltd
Shop 4N, Motorcity, Steve Biko Drive, Gezina, Pretoria, Gauteng, South Africa, 0084
Phone: +27 12 335 1077