Legal

(Version effective as of 1 January 2015)

IMPORTANT NOTICE

  1. Please read our terms of use carefully. Your use of this web site or mobi site and any of the services offered on this web or mobi site will be subject to the then current version of our terms available on this web or mobi site at the time of your use. If you do not accept our terms of use, you may not access our web site, mobi site or use any of the services available via our web site.

  2. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.

  3. If you are not yet 18, you must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.

  4. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

  5. For ease of reference, all clauses in the various legal documentation detailed below (including agreements, policies, terms and conditions) have been numbered sequentially.

PART A: GENERAL INFORMATION AND TERMS

1. COMPANY INFORMATION

1.1. For your convenience, we have listed below some general information about ourselves:

1.1.1. "We" are Hungry Lion Fast Foods (Pty) Ltd, and "us" and "our" have a corresponding meaning herein.

1.1.2. We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1972/009921/07.

1.1.3. Our address of establishment is at Trumali House, First Floor, Trumali Street, Stellenbosch and we will accept service of all legal documents there;

1.1.4. Our telephone and facscimile numbers are Tel: +27(0)21 200 7777 and our Fax: +27 (0)21 200 7777

1.1.5. Our webmaster can be contacted at talk2us@hungrylion.co.za

2. DEFINITIONS

2.1. In these terms of use:

2.1.1. Products means any goods or other products that are made available by us via this web site;

2.1.2. We, us and our means Hungry Lion Fast Foods (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

2.1.3. You mean the user of this web site, mobi site, official Hungry Lion mobile application, and/or VIP program member;

2.1.4. Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;

3. CONDITIONS OF USE

3.1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.

3.2. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our web site that is unlawful or violates any third party's rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties' computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.

3.3. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care Centre if you have a complaint about the activities of or content submitted by a user of this site.

3.4. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.

3.5. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.

3.6. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

3.7. The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.

3.8. ACCESS TO OUR WEB SITE SERVICES IS PROVIDED TO YOU FREE OF CHARGE. RELIANCE ON AND USE OF OUR WEB SITE, CONTENT AND SERVICES ARE THEREFORE AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW OR THE CONTRARY IS EXPRESSLY STATED.

3.9. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.

3.10.Certain subscription services or registration processes may require you to choose a user name and a password. In these instances, you are responsible for keeping your user name and password secret and you accept that you will be personally liable for all transactions concluded in relation to the services offered.

3.11.We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY.

3.12.Further to 3.11 above, we will try to ensure that sensitive payment information (such as your credit card details, if applicable) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.

3.13.We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content. Please refer to our END-USER LICENCE AGREEMENT (EULA) for more details.

3.14.Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Cape Town High Court provided that if any South African Lower Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Lower Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court's jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.

3.15.These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

3.16.Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.

3.17.You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

3.18.We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

3.19.Attendance at any promotion event may be hazardous to the health or safety of the attendees or their property. YOU ATTEND PROMOTIONAL EVENTS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE ARRANGEMENTS OF ANY PROMOTIONAL EVENT OR FOR YOUR SECURITY OR SAFETY OR THE SECURITY OR SAFETY OF YOUR PROPERTY IN ATTENDING SUCH EVENT. Please contact the relevant Event Organiser if you have suffered any loss or damage in attending an event.

PART B:COMPETITIONS

4. COMPETITION TERMS

4.1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition's rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:

4.1.1. The prizes on offer;

4.1.2. The steps required to participate;

4.1.3. The basis for determining the winners;

4.1.4. The closing date;

4.1.5. How the winners will be made known;

4.1.6. Where, when and from whom prizes are to be claimed;

4.1.7. The address of the web pages where the competition rules and these terms can be obtained.

4.2. All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.

4.3. Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.

4.4. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.

4.5. We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.

4.6. Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents' or legal guardians' advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.

4.7. The judge's decision will be final. We will not enter into correspondence.

4.8. All entrants' information will be used only in accordance with our Client Information Processing Policy.

4.9. Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.

4.10.Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

4.11.We reserve the right not to award a prize in any situation where it would be unlawful to do so.

4.12.Multiple winners may be subject to tie-break to decide an outright winner.

4.13.We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.

4.14.Your name and place of residence may be published when winners are announced.

4.15.Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.

4.16.No cash alternative is available to any prize unless expressly stated otherwise.

4.17.Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

4.18.If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.

4.19.Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.

4.20.We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges' discretion, void entries.

4.21.YOU ENTER OUR COMPETITIONS AT YOUR OWN DISCRETION AND RISK. WE, OUR AFFILIATES, COMPETITION PARTNER/S AND THEIR RESPECTIVE SHAREHOLDERS, EMPLOYEES, OFFICERS AND REPRESENTATIVES SHALL NOT BE LIABLE IN ANY WAY WHATSOEVER FOR ANY LOSS, DAMAGE, INJURY OR COSTS, HOWSOEVER ARISING, SUFFERED AS A RESULT OF YOUR PARTICIPATION IN A COMPETITION, SAVE TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.

PART C: COMPLAINTS AND LEGAL RESOLUTIONS

5. QUERIES AND COMPLAINTS

5.1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain,or would like to make a query, you can submit a form online or via email to our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your query or complaint:

5.1.1.1. Your full names, physical address, telephone number and email address;

5.1.1.2. The location and description of the service feature or transaction which is the cause of your complaint;

5.1.1.3. The problem with the service or transaction or rights that you allege to be infringed by such feature or component;

5.1.1.4. The actions you would like us to take to remedy the problem;

5.1.1.5. A statement confirming that you are making the complaint in good faith;

5.1.1.6. A statement confirming that the information you are providing to us is to the best of your knowledge true and correct;

5.1.1.7. Please incorporate your signature into the complaint.

6. LEGAL RESOLUTIONS

6.1. You agree to accept service of any legal process at the addresses you provide to us.

6.2. The entire agreement between you and us concerning your use of our computer systems, the Vouchers offered and any products and services acquired using such Vouchers is made up of

6.3. These terms of use;

6.4. Any terms and / or policies incorporated by reference in this document;

6.5. The terms stated on any Voucher;

6.6. Any terms implied herein by applicable law.

6.7. These terms of use will override any contrary terms or conditions which may be incorporated by you in your communications with us. Any such conflicting terms or conditions will not form part of the agreement concluded between us.

6.8. Should a part of this agreement be held to be unenforceable or invalid by any competent authority, then the unenforceable part will be interpreted according to applicable law as closely as possible to reflect the original intentions of ourselves. The remaining provisions of our agreement will continue to remain in force and will be given effect to the fullest extent permitted by the law.

6.9. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties under our agreement to any other person without our prior written consent.

6.10. We may cede, delegate, transfer and assign our rights, obligations and duties under this agreement to any other person.

6.11. Our failure to enforce any provision of this agreement strictly will not be interpreted as a waiver of any provision or right we may have.

6.12. Should we fail to carry out any of our duties in terms of our agreement with you, such failure will be excused if and to the extent that such failure is due to circumstances beyond .

IN RESPECT OF THE HUNGRY LION MOBILE APPLICATION

IMPORTANT NOTICE

  1. This End User Licence Agreement ("EULA") is a legal agreement between you and Hungry Lion Fast Foods (Pty) Ltd (Trumali House, First Floor, Trumali Street, Stellenbosch, South Africa) and its affiliates, successors and assigns.

  2. In terms of this agreement you are granted a licence to use the software it accompanies. You are only granted the licence if you accept all the terms in this agreement. Note: by clicking "i agree" or by installing or otherwise using the software you agree to be bound by all the terms of this agreement.

  3. If you do not agree to these terms, hungry lion is unwilling to license the software to you and you may not install, use or copy the software, and you should immediately destroy all copies of the software in your possession.

  4. Provision in this agreement which limit Hungry Lion's liability, allocate risk or liability to you or in which you acknowledge certain facts, have been set out in capital letters. Note: you should pay particular attention to these provisions since they limit your ability to recover losses that may arise in connection with your use of our software.

  5. If you are not yet 18, your parents or legal guardian must agree to be bound by our licensing terms before you start using our software. If you are under 18 and fail to obtain your parents' or gaurdian's consent, you may not install or use our software.

  6. Please note that this licence regulates only your installation and use of the software accompanying this licence. It does not regulate your access or use of our voucher issuing system. Access and use of our voucher issuing system is subject to separate terms of use which are available on our web site at www.hungrylion.co.za/legal . Click here to view our ELECTRONIC VOUCHER SERVICES TERMS

  7. For ease of reference, all clauses in the various legal documentation detailed below (including agreements, policies, terms and conditions) have been numbered sequencially.

DEFINITIONS

15. DEFINED TERMS.

15.1.In addition to the terms defined above, the following terms will have the meanings set out in this clause when they are used in this Agreement:

15.1.1. "Voucher System" means HUNGRY LION's computerised voucher issuing systems which may be made accessible to you through the use of the Software;

15.1.2. "Hardware Device" means a mobile cellular telephonic handheld device of a type designated by HUNGRY LION on which the Software may be installed (e.g. a Smartphone or iPhone);

15.1.3. "Licensing Restrictions" means the specific usage limitations applicable to your use of the Software described in Section 3 below;

15.1.4. "Access Code" means any valid activation PIN or other access control mechanism issued to you by HUNGRY LION to enable you to access and use the Software and/or Voucher System. Note: An activation PIN or other access control mechanism is valid if it has not been withdrawn, disabled or deactivated by HUNGRY LION.

15.1.5. "Software" means the software application(s) and its associated data files accompanying this Agreement, as well as any instruction or reference materials provided with the Software or which are otherwise made available to you in connection with the Software;

16. INTELLECTUAL PROPERTY

16.1.HUNGRY LION reserves all rights in the Software (other than those that are expressly granted to you in terms of this Agreement). No copyright or other intellectual property or proprietary right is transferred to you in terms to hereof.

17. LICENCE GRANTS

17.1.to you a non-exclusive, non-transferable licence to install the Software in the form as made available to you. Your licence is, however, subject to your compliance with the applicable Licensing Restrictions set out in clause 17 below. No licence or right is granted to you in relation to the Software other than as provided for in this Agreement.

18. LICENSING RESTRICTIONS.

18.1.Your use of the Software will be subject to the following conditions and restrictions:

18.1.1. INSTALLATIONS. You may only install only one copy of the Software on one Hardware Device that is exclusively used by you for your own personal use only. YOU ALONE WILL BE RESPONSIBLE FOR ALL TRANSACTIONS AND OPERATIONS PERFORMED ON THE VOUCHER SYSTEM FROM SUCH HARDWARE DEVICE. You must notify HUNGRY LION immediately if you become aware of unauthorised use of your Access Code or the Software.

18.1.2. USAGE. Save for the Licence granted to you under clause 3, you will not and you will not permit anyone else, to

18.1.2.1. copy, reproduce or modify the Software;

18.1.2.2. create derivative works based on the Software;

18.1.2.3. adapt, transcribe or merge the Software or any portion thereof, with other software;

18.1.2.4. market, sell, share, rent, lease, sublicense, disseminate, distribute or otherwise transfer the Software or any portion thereof or permit the use thereof for the benefit of any third party;

18.1.2.5. decompile, disassemble or reverse engineer any part of Software or attempt to do so;

18.1.2.6. remove, alter, conceal or obscure any proprietary notice or marking incorporated in or on the Software; or

18.1.2.7. use the Software for any unlawful purpose.

18.1.3. UPDATES AND UPGRADES: Where you are provided with an upgrade or update of the Software

18.1.3.1. The upgrade or update will replace any current version of the Software you may have. You will therefore have to remove and delete all copies of the version of the Software you are currently using;

18.1.3.2. You will be provided with a new Access Code which will replace any existing code you may have. Note: You will only be able to use the upgrade or update with the new Access Code;

18.1.4. MULTIPLE VERSIONS: The media on which the Software resides may contain more than one version of the Software, each of which is compatible with only some types or versions of Hardware Devices. You must make sure that you only install the version of the Software that is most appropriate for your Hardware Device.

18.1.5. ACCESS CODES. In order to access and use the Software or Voucher System, you will be required to input an Access Code. Such Access Code will be uniquely linked to the Hardware Device on which it is first used. If you also install the Software on another Hardware Device, the same Access Code will not work. Note: Your Licence only allows you to install the Software on ONE Hardware Device. We may withdraw or disable an Access Code at any time if you attempt to use the Software and related Access Code on more than one Hardware Device or in any other manner breach this Agreement. YOU ALONE WILL BE RESPONSIBLE FOR THE USE OF YOUR ACCESS CODE. Make sure that you keep your ACCESS CODE SECURE AT ALL TIMES. Notify HUNGRY LION immediately if you become aware of any unauthorised use of your Access Code.

19. NOTICES & DISCLAIMERS

19.1.YOU SHOULD NOTE THAT HUNGRY LION ONLY MAKES AVAILABLE FREE STANDARD SOFTWARE WITH STANDARD FUNCTIONALITY FOR STANDARD HARDWARE DEVICES. HUNGRY LION DOES NOT ORDINARILY OFFER OR SUPPLY SOFTWARE FOR ANY PARTICULAR PURPOSE. HUNGRY LION DOES NOT PROFESS TO BE KNOWLEDGEABLE ABOUT YOUR SPECIFIC USAGE REQUIREMENTS FOR THE SOFTWARE. YOU MUST DETERMINE WHETHER OR NOT THE SOFTWARE IS SUITABLE FOR YOUR SPECIFIC REQUIREMENTS. FURTHERMORE, YOU SHOULD BE AWARE THAT CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR HARDWARE DEVICE COULD BE CONTAINED IN THE SOFTWARE. YOU SHOULD IMPLEMENT SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.

19.2.YOU SHOULD ALSO NOTE THAT THE SOFTWARE MAY HAVE SOME DEFECTS. INSTALLATION OF, RELIANCE ON AND USE OF THE SOFTWARE ARE AT YOUR SOLE DISCRETION AND RISK. YOU SHOULD INDEPENDENTLY VERIFY THE SUITABILITY OF THE SOFTWARE FOR YOUR HARDWARE DEVICE AND THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM YOUR USE THEREOF. YOU ARE THEREFORE SOLELY RESPONSIBLE FOR YOUR INSTALLATION AND USE OF THE SOFTWARE, FOR THE RESULTS OBTAINED FROM SUCH INSTALLATION AND USE AND FOR THE USE OF SUCH RESULTS, INCLUDING WITH RESPECT TO THE VOUCHERS.

19.3.THE SOFTWARE IS PROVIDED "AS IS". HUNGRY LION THEREFORE (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW)

19.3.1. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER THESE ARE EXPRESS OR IMPLIED;

19.3.2. SPECIFICALLY DISCLAIMS THAT THE SOFTWARE IS NON-INFRINGING OR FREE FROM VIRUSES OR ERRORS OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION;

19.3.3. EXPRESSLY EXCLUDES ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

19.4.SINCE THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, HUNGRY LION WILL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND (REGARDLESS OF WHETHER SUCH CLAIM STEMS FROM CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER CAUSE) IN CONNECTION WITH YOUR INSTALLATION, RELIANCE ON OR USE OF THE SOFTWARE OR THE ACCESS CODES, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW. AS A RESULT YOU HEREBY INDEMNIFY AND KEEP HUNGRY LION INDEMNIFIED AGAINST ALL SUCH CLAIMS, DAMAGES OR LOSSES ARISING IN CONNECTION WITH YOUR INSTALLATION OR USE OF THE SOFTWARE.

20. TERM & TERMINATION

20.1.This Agreement will remain in force until terminated by you, by HUNGRY LION or by expiry (in the case of a time-limited licence), subject to the following:

20.2.You may terminate this Agreement at any time.

20.3.Without prejudice to any of its other rights, if you are in breach of any of the terms and conditions of this Agreement then HUNGRY LION may terminate it immediately on giving written notice to you.

20.4.HUNGRY LION may also terminate this licence at any other time by giving notice to that effect.

20.5.Upon termination of this Agreement

20.5.1. HUNGRY LION may revoke and/or disable the Access Codes issued to you and/or render the Software and/or Voucher System inaccessible or unusable by you;

20.5.2. You will immediately stop using the Software and destroy all copies thereof in your possession.

20.6.The provisions of clauses 14, 18, 19, 20, 21, 22, and 23 will survive termination of this Agreement.

21. LAW & JURISDICTION

21.1.The UN Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement, unless expressly prohibited by local law, will be subject to and interpreted under the laws of the Republic of South Africa (notwithstanding any conflicts of law provisions) and the South African courts will, subject to Section 24, have exclusive jurisdiction over any claim arising in connection with this Licence.

22. URGENT REMEDIES

22.1.You acknowledge that each provision of this Agreement providing for the protection of the intellectual property, confidential information and other proprietary rights of HUNGRY LION or its licensors, is material to this Agreement. As a result you accept that any threatened or actual breach of the provisions providing for the protection of any of the afore-mentioned rights will constitute immediate and irreparable harm to HUNGRY LION and/or its licensors, for which HUNGRY LION may seek urgent injunctive relief in any court of appropriate jurisdiction. Such relief will be without prejudice to any other remedies that HUNGRY LION may have.

23. ASSIGNMENT

23.1.You may not sublicense, assign or otherwise transfer all or any part of your rights or obligations under this Agreement without the prior written consent of HUNGRY LION. You acknowledge that any such unauthorised attempted transfer, assignment or sublicense use will be void. You agree that HUNGRY LION may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under this Agreement to one or more third parties chosen by it.

24. GENERAL

24.1.Except where HUNGRY LION agrees otherwise in a written contract concluded between you and HUNGRY LION, this Agreement is the only agreement between you and HUNGRY LION relating to your ability to use our Software and it may only be modified by written agreement between you and HUNGRY LION.

24.2.If any clause or sentence in this Agreement is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected thereby and will remain of full force and effect.

24.3.The failure by HUNGRY LION to enforce any of the provisions of this Agreement, unless waived in writing, will not constitute a waiver of HUNGRY LION's rights to enforce such provision or any other provision of this Agreement in the future.

24.4.All rules of interpretation which prescribe that an agreement be interpreted against the party responsible for its drafting do not apply to this Agreement.

25. OTHER DOCUMENTATION

25.1.This document is to be read in conjunction with other Hungry Lion legal documentation as published at www.hungrylion.co.za/legal and including but not limited to:

25.1.1. TERMS OF USE

25.1.2. VIP PROGRAM Ts & Cs

25.1.3. END-USER LICENCE AGREEMENT (EULA),

25.1.4. ELECTRONIC VOUCHER SERVICES TERMS,

25.1.5. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY, and

25.1.6. PRIVACY POLICY.

THE INITIATIVE:

1.1.1 The promoter of this initiative is Hungry Lion Fast Foods (Pty) Ltd in South Africa, (collectively "the Promoter").

1.1.2 The pay it forward initiative start date is 12 October 2020.

1.1.3 The pay it forward initiative closes on 23 October 2020 at 11:59 pm - Any entries received after the closing date and time will not be considered.

HOW TO PARTICIPATE:

1.2.1 Step 1: To participate, visit a Hungry Lion restaurant and purchase a 21 piece bucket.

1.2.2 Step 2: Dial the USSD string + unique code found at the bottom of your 21 piece bucket purchase receipt (till slip). Standard rate of 20c per 20 seconds applies.

1.2.3 Step 3: Follow the USSD steps to nominate a friend who should receive a wicode for a 21 piece bucket.

1.2.4 Step 4: The number that called the unique USSD string will receive an SMS with a 21 piece bucket wicode to PAY FORWARD to their nominated friend.

1.2.5 Recipients can redeem their wicode at any Hungry Lion restaurant in RSA at no cost to them at any time within the stated validity period.

THE GIFT:

1.3.1 Participants can only send a 21 piece bucket (no other product) & recipients can only redeem the received wicode once.

1.3.2 The 21 piece bucket is gifted in the form of a wicode, sent via SMS to the nominated cell phone number.

1.3.3 The wicode is valid until 31 October 2020 only.

1.3.3 A limit of 1 (one), 21 piece bucket transaction per MSISDN per day is applicable.

1.3.4 More than one 21 piece bucket can be purchased in a single transaction and a unique code will be issued per 21 piece bucket purchased to pay it forward.

GENERAL:

2.1 The initiative may change at any time during the campaign without prior notice from the Promoter.

2.1.1 The gifted 21 piece bucket may not be exchanged for cash or replaced with a different menu item.

3.1 Each participant may only participate in the initiative from a valid, verifiable MSISDN. Any attempt to use multiple MSISDN or other avenues to redeem more than the stated limit may result in the disqualification of participating. Entries generated by script, macro, bot, commercial contest subscription, incentives or other means not sponsored by the Promoter, such as entering service sites or any other automated means and entries by any means that subvert the entry process or do not conform to the terms or spirit of these initiative rules, will void the entry and may disqualify the participant.

3.2 In the event that the Promoter's system identifies that an invalid, unverifiable or suspect profile is being utilized, or similar suspect activity is noticed, the participant will be requested to validate such profile failing which the particular entry will be disqualified.

4. The PAY IT FORWARD initiative is open to all residents in South Africa, who are in possession of a valid identity document, except any director, member, partner, employee, agent or consultant of the Promoter, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members.

5. A copy of the pay it forward initiative rules is available at https://www.hungrylion.co.za/legal for the duration of the initiative.

6. The Promoter shall not be responsible for any delayed, incorrect or incomplete entries for any reason whatsoever.

7. The Promoter shall not be held responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted or completed.

8. The Promoter shall not be responsible for participation delays as a result of any communication network, computer or cell phone hardware or software failure of any kind.

9. No applications from agents, third parties, organized groups or applications automatically generated by computer will be accepted.

10. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.

11. The Promoter shall have the right to change or terminate the pay it forward initiative immediately and without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this initiative and acknowledge that they will have no recourse against the Promoter, its agents or marketing service providers.

12. Neither the Promoter, its agents, associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant as a result of participating in this initiative.

13. Participation in the pay it forward initiative constitutes acceptance of the pay it forward initiative rules and participants agree to abide by the rules.

14. By participating in the pay it forward initiative, you agree to receive direct marketing and promotional messages from Hungry Lion Pty Ltd.

15. While every effort is made to keep information up-to-date and correct, the promoters do not accept any liability for reliance placed on information and/or images and/or video footage and/or other content not posted by the Promoter. The Promoter does not control the upload of contents and/or images and/or video footage by users and shall not be liable for any loss or damages whatsoever resulting directly or indirectly from harmful contents, videos or images displayed on the Promoter's social media sites.

16. Any statements published by the Promoter are for information purposes only and should not be treated as advice of any nature.

17. All data and mobile phone costs related to entering this promotion shall be borne by the participant. (Standard rate 20c per 20 seconds)

18. The Promoter values the privacy of participants and will safeguard the security and confidentiality of all information shared by the entrants. All entrant information will be treated as confidential and will not be disclosed to third parties, except in situations where:

18.1 The promoter is legally compelled to do so.

18. 2 Disclosure is made at the participant's request or upon the participant's written consent.

19. Where possible, the Promoter will limit the collection of entrant information to the minimum needed, in order to deliver superior service and products to the participant.

20. In the event of the Promoter using third party Organizations for support reasons they will be required to stringently conform to the Promoter's privacy statement.

21. In the event of a dispute in regard to any aspect of the initiative and/or these terms and conditions, the Promoter's decision will be final and binding and no correspondence may be entered into.

22. The Promoter reserves the right to cancel, suspend or terminate this pay it forward initiative, without notice at any time and no liability shall lie against the Promoter, in favour of any participant or third party arising from such cancellation, suspension or termination.

1. COMPANY INFORMATION

1.1.For your convenience, we have listed below some general information about ourselves:

1.1.1 "We" are Hungry Lion Fast Foods (Pty) Ltd, and "us" and "our" have a corresponding meaning herein.

1.1.2 We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1972/009921/07.

1.1.3 Our address of establishment is at Trumali House, First Floor, Trumali Street, Stellenbosch and we will accept service of all legal documents there;

1.1.4 Our telephone and facsimile numbers are Tel: +27(0)21 200 7777

1.1.5 Our webmaster can be contacted at talk2us@hungrylion.co.za

2. DEFINITIONS

2.1.In these terms of use:

2.1..1 Products means any goods that are made available by us

2.1.2 We, us and our means Hungry Lion Fast Foods (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

2.1.3 You means the applicant of the Hungry Lion My-Spy Shopper program

3. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY

Hungry Lion Fast Foods (Pty) Ltd is committed to protecting your privacy.

To apply for our My-Spy Shopping you will be asked to provide us with certain of your personal information. We recognise, however, that you may consider this information to be "confidential" and do not want it disclosed to or used by others.

The choice of providing us with this information is, however, always yours. If you choose to disclose your information, we accept that it is our duty to respect and protect its confidentiality. This means that we will not use or disclose it without your permission, unless we have some legal duty to do so. If, however, you choose not to provide this information to us, we will not be able to process your application.

A copy of our POPI policy is available at https://www.hungrylion.co.za/legal.

WHO MAY APPLY TO BECOME AN My-Spy SHOPPER?

The My-Spy Shopper program is open to all residents in South Africa, Namibia, Zambia & Botswana who are in possession of a valid identity document, except any director, member, partner, employee, agent or consultant of the Hungry Lion, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members.

WHAT DO I NEED TO KNOW ABOUT BEING AN My-Spy SHOPPER?

My-Spy Shopper involves visiting a specified Hungry Lion restaurant as an 'undercover customer' reporting back on the shopping experience. My-Spy shoppers assess their shopping experience by evaluating areas such as customer service, store presentation, product quality, add-on selling techniques, cleanliness and promotional material, based on a survey and guidelines provided for each assignment by Hungry Lion.

To become an My-Spy Shopper you will need:

Good writing skills

The ability to follow instructions accurately

Be contactable and reliable (eg, you keep your commitments and complete assignments by the deadline)

A good memory and attention to detail

Your own transport

Technological skills with your own smartphone that can take photographs

An internet connection

WHAT IS THE MINIMUM AGE TO BECOME A HUNGRY LION My-Spy SHOPPER?

To become a My-Spy shopper for Hungry Lion you must be at least 18 years old.

WHAT DOES A HUNGRY LION MY-SPY SHOPPER DO?

Selected My-Spy Shoppers visit specific Hungry Lion restaurants anonymously for the purpose of observing and reporting on the quality of the product, experience & customer service delivered. They answer specific surveys provided prior to the visit & submit to Hungry Lion via a platform provided within a timeframe specified.

The submitted responses help Hungry Lion with decisions, reward staff for excellent performance, redirect staff who perform poorly and evaluate adherence to company service standards. The My-Spy Shopper process begins with on-line training. After completing initial education our shoppers are able to select assignments, complete jobs by visiting a restaurant specified evaluation & finally entering job data into the online database.

WHY SHOULD I BECOME AN My-Spy SHOPPER ?

Being an My-Spy Shopper is well suited to anyone who would benefit from:

Receiving free products (on certain assignments).

Highly flexible hours.

Contributing to a higher level of customer service.

Having a diverse number of shopping experiences.

You'll be able to participate in educational sessions via online training.

HOW MUCH DOES AN My-Spy SHOPPER GET PAID?

My-Spy Shoppers are independent contractors who receive rewards in the form of Hungry Lion meals. In addition, another free meal will be rewarded on completion of the assignment.

DO I NEED PREVIOUS EXPERIENCE AS A My-Spy SHOPPER?

No, previous experience is not necessary. Shoppers are recruited based on the information provided in their online application form, their aptitude and ability to meet assignment requirements. The My-Spy Shopping program offers online training which will broaden your understanding of what the assignments entail and what Hungry Lion expects from you as a My-Spy Shopper.

WHAT IS THE APPLICATION PROCESS?

The process of applying to start work with Hungry Lion My-Spy Shopping Online as a My-Spy Shopper is as follows:

Follow the online link served to you in your area of residence

Complete the online application.

Fill out the application thoroughly and professionally. (The application is the main method of decision making regarding shopper selection; therefore it is in your best interest that the information provided be presented proficiently.)

Your application will be reviewed and kept in our database for a period of 12 months.

When there is work in your area you will be sent an email message. If you accept the assignment you are then able to enter the rest of our web-site and get your assignment.

I SUBMITTED AN APPLICATION SOME TIME AGO AND HAVE NOT HEARD FROM ANYONE. WHEN CAN I EXPECT TO BE CONTACTED?

Hungry Lion My-Spy Shoppers are used based on the availability of assignments at the Hungry Lion restaurant they selected when signing up. After you have submitted your application, we may not contact you immediately so do not worry if you do not hear from us. We will get in touch with you as soon as there is a My-Spy Shopping assignment available in the Hungry Lion restaurant you selected in your application process.

WHO WILL SUPERVISE MY WORK?

Hungry Lion My-Spy Shopper Coordinators supervise all aspects of shopper work. There is always someone available by email or telephone if an My-Spy Shopper has a problem or question.

HOW WILL I RECEIVE AND SUBMIT MY ASSIGNMENTS?

All assignments pertaining to the Hungry Lion restaurant you selected will be emailed to you. You are always told ahead of time what the assignment details are, including:

Meal to order

The exact location of the Hungry Lion restaurant you selected

Approved hours for the assignment.

Assignment deadline(s).

Details and nature of the procedure.

Survey questions you will have to answer.

Required photographs.

As an My-Spy Shopper you will be able to submit your completed assignments using the online forms provided.

Invitations to accept or decline an My-Spy shopping assignment to be conducted at the Hungry Lion restaurant specified will be emailed to all shoppers who chose that restaurant. For us to send you assignment notices, you must have specified the Hungry Lion restaurant where you are available for shopping assignments in the "Tell us which Hungry Lion restaurant you want to sign up for" during your registration process.

You will know when you have successfully accepted an assignment online, as an email will be sent congratulating you (or one advising you have been unsuccessful). When you have successfully accepted for an assignment you will then be able to access the required questionnaire for that assignment. Familiarising yourself with the questionnaire (and printing it out if required) before you carry out the assignment. You complete the questionnaire after you have visited the restaurant and are able to answer the questions truthfully.

YYou will know you have successfully submitted your questionnaire when you receive a message screen saying, "Thank you for submitting the questionnaire, we will be in touch shortly".

WILL I INCUR ANY EXPENSES WORKING AS A My-Spy SHOPPER?

Hungry Lion will not expect you to make any purchases at a Hungry Lion restaurant, we will provide you with coupons for the assignment meal.

WILL I NEED TO TRAVEL TO COMPLETE ASSIGNMENTS FOR HUNGRY LION My-Spy SHOPPER?

Travel costs are not covered. Since My-Spy Shopper does not cover travel costs, most My-Spy Shoppers do not travel far to complete assignments. You should only accept assignments that you will be able to complete in your area. IF you decide to work outside your immediate area, you are responsible for any associated costs.

CAN I REFUSE CERTAIN ASSIGNMENTS?

Yes. You select only the assignments you are interested in and willing to complete given the job parameters & your availability.

AFTER ACCEPTING AN ASSIGNMENT, HOW LONG WILL I HAVE TO COMPLETE THE SHOP AND SUBMIT MY REPORT?

New jobs are posted on an ongoing basis and all assignments include details such as:

Approved hours for the assignment.

Assignment deadlines.

It is important that you accept only the assignments that you will be able to complete by the indicated deadline. Keep in mind that all assignments need to be submitted within 48 hours of completing the job.

WHY DO I NEED TRAINING?

We want you to be as qualified and as knowledgeable as possible to be able to competently complete assignments. It reassures us that you know as much as possible about what you may be required to do and how to handle situations that may arise as well as some background information on Market Research and My-Spy shopping in general.

WHAT DEVICES & SOFTWARE DO I REQUIRE TO WORK WITH HUNGRY LION My-Spy SHOPPER?

You will need a smartphone that can take clear photographs. We suggest you maintain an up-to-date browser and email program.

HOW MUCH KNOWLEDGE OF THE INTERNET DO I NEED?

You should be familiar with all the basic functions of your browser. Hungry Lion does not provide specific Internet training or technical support. You are expected to provide this.

DO I HAVE TO PAY FOR MY OWN INTERNET CONNECTION?

Yes. All shoppers with My-Spy Shoppers are considered independent contractors and are therefore responsible for their own operating expenses (i.e. smartphone, data, Internet access, maintenance etc.)

DO I REQUIRE MY OWN COMPUTER?

Although having your own computer is an advantage, it is not necessary. You require an email address & mobile number where you can be reached, as well as regular access to the Internet in order to select and submit assignments.

WHAT IS A WICODE?

A wicode is an electronic coupon, similar to a gift voucher that is sent to your email address and you will use it as a form of payment to complete your My-Spy Shopper assignment. The wicode is valid for a specific meal that will be specified in your assignment.

WHAT WILL MY REWARD BE FOR COMPLETING AN My-Spy ASSIGNMENT & HOW LONG UNTIL I RECEIVE IT?

You will receive another wicode for a Hungry Lion product as a form of payment for your completed My-Spy Shopper assignment. You will receive your reward once we have reviewed your assignment & are content with the information provided.

HOW OFTEN WILL I RECEIVE ASSIGNMENTS?

The number and type of assignments will vary depending on Hungry Lion’s requirements. You are not obligated to complete a minimum number of assignments and participation is fully voluntary.

I AM NOT RECEIVING ANY ASSIGNMENTS, WHY?

Please check you have completed all the required training beginning with the 'My-Spy shopper onboarding' which you will find as soon as you register. To be eligible to complete assignments you must have fully met all the training requirements.

I HAVE DONE ALL THIS AND STILL NOT RECEIVING ASSIGNMENTS, WHY?

Unfortunately, we do not have an ongoing set of assignments. We also work on a first-come-first-served basis when My-Spy Shoppers accept jobs.

I HAVE JUST ACCEPTED MY FIRST ASSIGNMENT, WHAT DO I DO?

Please ensure you read all information pertaining to the assignment prior to its completion. This includes the description, guidelines and questionnaire. If you have any questions or problems please contact us as soon as possible by email or phone.

CAN I DO MORE THAN ONE ASSIGNMENT?

Definitely! If you are able to successfully complete more than one assignment within the required time frame please feel free to accept more.

I AM UNABLE TO COMPLETE AN ASSIGNMENT I HAVE BEEN INVITED TO DO, WHAT DO I DO?

When you receive an invitation to complete an My-Spy assignment it does not mean you will be accepted for the assignment. Hungry Lion will select on a first-come-first-served basis. You will receive a notice should you accept a job that has already been assigned to another My-Spy Shopper.

I MISSED AN ASSIGNMENT, WHAT NOW?

If you missed an assignment due to unforeseen circumstances please contact us as soon as possible and we shall either arrange for it to be completed at another time or we can reschedule for another shopper. You must let us know as soon as possible otherwise you will be removed from receiving future jobs.

I HAVE BEEN SENT AN EMAIL THAT AN ASSIGNMENT IS AVAILABLE, HOW DO I ACCEPT?

You will need to follow the link on the email you received, read the instructions pertained to the assignment carefully and only if you feel you will adequately be able to complete the assignment select accept.

HOW DO I SUBMIT MY REPORT?

If you are approved for an My-Spy Assignment, you will be sent a link with instructions & a questionnaire. You will need to enter your responses in the spaces required & upload any photos Hungry Lion has requested to complete the task. It is important that you read through the questionnaire prior to completing the assignment to ensure you have assessed the correct features.

WHEN DO I HAVE TO SUBMIT MY REPORT?

You have 48 hours to submit your report from when it was due for completion. Failure to submit your report or contact us may result in your My-Spy Shopper account to be cancelled.

I'VE DECIDED NOT TO BE AN My-Spy SHOPPER ANYMORE, HOW DO I UNSUBSCRIBE?

Please contact us & we shall remove your details from our system.

I HAVE CHANGED MY DETAILS, HOW DO I UPDATE THEM?

Please contact us & we shall update your details on our system.

1. COMPANY INFORMATION

1.1.For your convenience, we have listed below some general information about ourselves:

1.1.1 "We" are Hungry Lion Fast Foods (Pty) Ltd, and "us" and "our" have a corresponding meaning herein.

1.1.2 We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1972/009921/07.

1.1.3 Our address of establishment is at Trumali House, First Floor, Trumali Street, Stellenbosch and we will accept service of all legal documents there;

1.1.4 Our telephone and facsimile numbers are Tel: +27(0)21 200 7777

1.1.5 Our webmaster can be contacted at talk2us@hungrylion.co.za

2. DEFINITIONS

2.1.In these terms of use:

2.1..1 Products means any goods that are made available by us

2.1.2 We, us and our means Hungry Lion Fast Foods (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);

2.1.3 You means the applicant of the Hungry Lion Steel-Fly brand ambassador program

3. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY

Hungry Lion Fast Foods (Pty) Ltd is committed to protecting your privacy.

To apply for our Steel-Fly brand ambassador roles you will be asked to provide us with certain of your personal information. We recognise, however, that you may consider this information to be "confidential" and do not want it disclosed to or used by others.

The choice of providing us with this information is, however, always yours. If you choose to disclose your information, we accept that it is our duty to respect and protect its confidentiality. This means that we will not use or disclose it without your permission, unless we have some legal duty to do so. If, however, you choose not to provide this information to us, we will not be able to process your application.

A copy of our POPI policy is available at https://www.hungrylion.co.za/legal.

WHO MAY APPLY TO BECOME A STEEL-FLY BRAND AMBASSADOR?

The Steel-Fly program is open to all residents in South Africa, Namibia, Zambia, Angola, Lesotho, Swaziland & Botswana who are in possession of a valid identity document and wish to apply for a new position at the Hungry Lion store where they are currently employed.

CAN I APPLY AT ANY STORE?

Yes, you can apply at any Hungry Lion store with available SteelFly brand ambassador positions.

WHAT DO I NEED TO KNOW ABOUT BEING A STEEL-FLY BRAND AMBASSADOR?

Steel-Fly brand ambassador is a full-time position within the Hungry Lion family, which involves handing out leaflets and assisting with other marketing campaigns.

To become a Steel-Fly Brand Ambassador you will need:

Good speaking skills and ability to interact with customers

The ability to follow instructions accurately

Be contactable and reliable

Have your own email address

Be able to email signed documents to us

Your own transport

Technological skills with your own smartphone that can take photographs

An internet connection

WHAT IS THE MINIMUM AGE TO BECOME A STEEL-FLY BRAND AMBASSADOR?

To become a Steel-Fly Brand Ambassador for Hungry Lion you must be at least 18 years old.

WHAT DOES A STEEL-FLY BRAND AMBASSADOR DO?

A Steel-Fly brand ambassador is the face of Hungry Lion and has to represent the company in a positive way. Steel-Fly brand ambassadors engage with customers and make them aware of the campaign deals we have in store. Steel-Fly brand ambassadors are required to hand out leaflets, wear human billboards or assist with other marketing tasks as instructed by the Steel-Fly team.

This helps to get more feet into Hungry Lion stores and creates awareness of our campaign deals. The Steel-Fly role begins with online training on how to engage with customers and complete your tasks, as well as on reporting to the Steel-Fly team. It will furthermore be required of you to be available online at all times while on the job, in order for the Steel-Fly team to track customer engagements.

WHY SHOULD I BECOME A STEEL-FLY BRAND AMBASSADOR?

Being a Steel-Fly brand ambassador for Hungry Lion is well suited to anyone who would benefit from:

Contributing to a higher level of customer service.

Accepting a new challenge and role by being part of the Steel-Fly team.

You'll be able to participate in educational sessions via online training.

HOW MUCH DOES A STEEL-FLY BRAND AMBASSADOR GET PAID?

A Steel-Fly brand ambassador will sign a new contract with Hungry Lion for the new contract position. Payment will be stipulated in this contract.

WHY DO I HAVE TO BE ONLINE AT ALL TIMES?

Steel-Fly brand ambassadors have to be online on their phones at all times, with continuous internet access, in order for the Steel-Fly team to reach them and provide instructions. Steel-Fly brand ambassadors also have to be online at all times in order for the Steel-Fly team to track their engagements with customers.

WILL I GET REIMBURSED FOR MY DATA USAGE?

A Steel-Fly brand ambassador will be paid for data usage as per the agreed contract. It is therefore a job requirement to be online at all times.

WHY WILL I BE TRACKED ONLINE?

The Steel-Fly team will track brand ambassadors’ movements online, in order to monitor engagement with customers and awareness of deals surrounding our stores. Steel-Fly brand ambassadors will be required to move in a certain radius around the Hungry Lion store, as instructed by the Steel-Fly team.

DO I NEED PREVIOUS EXPERIENCE AS A STEEL-FLY BRAND AMBASSADOR?

No previous experience is required. The Steel-Fly program offers online training which will broaden your understanding of what is expected from you as a Hungry Lion Brand Ambassador

WHAT IS THE APPLICATION PROCESS?

The process of applying to start work with Hungry Lion as a Steel-Fly Brand Ambassador is as follows:

Follow the online link to sign up.

Complete the online application.

Fill out the application thoroughly and professionally. (The application is the main method of decision making regarding brand ambassador selection; therefore it is in your best interest that the information provided be presented proficiently.)

Your application will be reviewed and kept in our database for a period of 12 months.

You will receive further communication from us if you are through to the next rounds.

Unsuccessful candidates will be notified.

I SUBMITTED AN APPLICATION SOME TIME AGO AND HAVE NOT HEARD FROM ANYONE. WHEN CAN I EXPECT TO BE CONTACTED?

After you have submitted your application, we may not contact you immediately so do not worry if you do not hear from us. We will get in touch with you as soon as your application has been reviewed. If your application is unsuccessful, you will also be notified.

WHO WILL SUPERVISE MY WORK?

This will be specified in your contract. There is always someone available by email or telephone if a brand ambassador has a problem or question. Typically you will be provided with the following information:

Campaign deal we are promoting.

Where to stand when making customers aware of a campaign deal.

Required photographs.

Activating your tracking browser.

WHAT WILL MY WORKING HOURS BE?

Your working hours as a Steel-Fly brand ambassador will be stipulated in your Hungry Lion contract.

WILL I NEED TO TRAVEL TO COMPLETE ASSIGNMENTS FOR HUNGRY LION STEEL-FLY?

Travel costs are not covered. You will be required to travel to and from the Hungry Lion store you are working for at your own expense.

WHY DO I NEED TRAINING?

We want you to be as qualified and as knowledgeable as possible to be able to educate our customers on our in-store deals. It reassures us that you know as much as possible about what you may be required to do and how to handle situations that may arise as well as some background information on Steel-Fly in general.

WHAT DEVICES & SOFTWARE DO I REQUIRE TO WORK WITH HUNGRY LION STEEL-FLY?

You will need a smartphone that can take clear photographs. We suggest you maintain an up-to-date browser and email program.

HOW MUCH KNOWLEDGE OF THE INTERNET DO I NEED?

You should be familiar with all the basic functions of your browser. Hungry Lion does not provide specific Internet training or technical support. You are expected to provide this.

I HAVE CHANGED MY DETAILS, HOW DO I UPDATE THEM?

Please contact us & we shall update your details on our system.

I HAVE BEEN ASKED TO ASSIST WITH OTHER DUTIES, WHAT DO I DO?

If you are employed as a Hungry Lion Steel-Fly brand ambassador, this will be your main responsibility. Always check with your line manager (the SteelFly team) if you are asked to assist with other tasks. It might be required from time to time that you assist or relieve other departments. Any failure or refusal by a brand ambassador to comply with an instruction to perform any work or duty within the branch where you are placed or at another branch will constitute a material breach of contract.

WILL THERE BE A PROBATION PERIOD?

Yes, your contract will stipulate the probation period.

WHAT ARE THE WORKING HOURS OF A STEEL-FLY BRAND AMBASSADOR?

Your working hours will be specified in your contract. You can expect to work between 30-40 hours per week.

WHAT IF I AM ABSENT FROM WORK?

If a Steel-Fly brand ambassador is absent from work, for sick leave or personal reasons, he/she needs to inform the store as well as the Steel-Fly team immediately. If a brand ambassador is absent without sufficient reason, disciplinary actions may be taken against this person.

WILL I BE REQUIRED TO WORK OVERTIME?

It may be required from a Hungry Lion Steel-Fly brand ambassador to work overtime from time to time, as requested by Management.

HOW WILL MY ATTENDANCE BE MONITORED?

All Hungry Lion Steel-Fly brand ambassadors are required to clock in at the beginning of a shift, and clock out at the end of a shift.

(Version effective as of 1 January 2015)

IMPORTANT NOTICE

  1. Please read these terms carefully. Your use of our electronic voucher services (including via any of our web sites or via our iPhone or Smartphone applications) will be subject to the current version of these terms published on our web site at www.hungrylion.co.za and www.hungrylion.co.za at the time of your use. If you do not accept these terms, you may not use our electronic voucher services and we may refuse to redeem electronic vouchers issued to you.

  2. Our terms contain specific provisions to limit our liability, allocate risk or liability to you or actas an acknowledgement of certain facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.

  3. If you are not yet 18, you may not use our electronic voucher services and we will refuse to redeem electronic vouchers issued to you.

  4. We may change our terms of use from time to time. Such changes will take effect when they are published. You should therefore read the terms of use each time before using our services.

  5. For ease of reference, all clauses in the various legal documentation detailed below (including agreements, policies, terms and conditions) have been numbered sequencially.

Should you have any questions concerning these terms of use or our electronic voucher services, please send an e-mail to us at talk2us@hungrylion.co.za

PART A: GENERAL INFORMATION

26. GENERAL INFORMATION

26.1. We reserve the right, without notice and at our sole and absolute discretion, to make changes to these terms of use.

26.2. It is your duty to read our terms of use each time you use our computer systems and related services.

26.3. If you continue to use our computer systems and services after our amendments to these terms of use have been published, you will be deemed to have accepted such amended terms of use.

26.4. Definitions: In these terms of use

26.4.1. "We", "us" and "our" means Hungry Lion Fast Foods (Pty) Ltd and, unless the context indicates otherwise, includes our affiliates and franchisees, and

26.4.2. "You" means the user of our services.

26.5. Company Information is as listed as follows:

26.5.1. We are Hungry Lion Fast Foods (Pty) Ltd (registration number: 1979/009921/07), a private company incorporated according to the laws of the Republic of South Africa.

26.5.2. Our chief executive officer is Mr JAL Basson.

26.5.3. Our postal address is Trumali House, First Floor, Trumali Street, Stellenbosch.

26.5.4. Our registered address is the corner of Trumali House, First Floor, Trumali Street, Stellenbosch, South Africa. All legal documents must be served at this address.

26.5.5. Our telephone number is +27 (0)21 200 7777.

26.5.6. Our facsimile number is +27 (0)21 200 7777.

26.5.7. Our web site is located at www.hungrylion.co.za

27. OTHER DOCUMENTATION

27.1.This document is to be read in conjunction with other Hungry Lion legal documentation as published at www.hungrylion.co.za/legal and including but not limited to:

27.1.1. TERMS OF USE

27.1.2. VIP PROGRAM Ts & Cs

27.1.3. END-USER LICENCE AGREEMENT (EULA),

27.1.4. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY, and

27.1.5. PRIVACY POLICY.

PART B: CONDITIONS OF USE OF OUR SYSTEMS

28. CONDITIONS OF USE

1. You are solely responsible for any and all fees and charges that may apply to your communications with our computer systems. Your standard service provider rates will apply unless the contrary is expressly stated.

2. We do not endorse any of the products, services or events promoted and/or listed on our computer systems or in respect of which vouchers may be issued via our services, other than the products and services we supply ourselves. Our issue of such vouchers or display of such products, services or events should therefore not be interpreted as any form of endorsement. All complaints concerning such products, services and/or events must be submitted directly to the relevant supplier.

3. We do not control or endorse any third party systems which enable or are related to our computer systems or which our systems enable in turn. Please submit any complaints concerning such third party systems directly to the owner of such third party system(s).

4. When using our computer systems, you will at all times comply with the applicable laws, regulations and codes of conduct and for the purpose for which the systems offered via our systems are intended.

4.1. You may therefore not access and/or use our computer systems

4.1.1. To redistribute or otherwise use any of our content for your own business purposes unless we have given you a written license to do so;

4.1.2. In a manner that would bring us, our business and/or any of our affiliates into disrepute;

4.1.3. For unlawful purposes;

4.1.4. To in any manner infringe our rights or the rights of any other person or restrict or inhibit the use of or enjoyment of our computer systems by any other person;

4.1.5. To transfer any material to our computer systems that is illegal or which violates any third party's rights or which is fraudulent, misleading, inaccurate, illegal, or damaging to data, software or the performance of our or any other parties' computer system.

5. All rights in our computer systems (including without limitation, any related trademarks, copyright and patents) and the content thereof, belong to us and our licensors. Such rights further extend to any compilations, collective works and derivative works created from any content which may be submitted to us. We reserve the right, without notice and at our sole and absolute discretion, to make changes to or discontinue any aspects, features and/or parts of our computer systems and/or the related services.

6. Where you submit individual content to our computer systems, you will remain the owner of such information. You will, however grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content without restriction, as if we were the owners thereof. Accordingly, we will have the right to modify, reproduce, compile, publish, publicly perform, distribute, broadcast and/or promote such content.

7. We are committed to protecting the confidentiality of any information you may disclose to us when using our computer systems and related services. You agree that such information may be used to

7.1. Make the computer systems and related services available to you;

7.2. Personalize the services provided to you;

7.3. Inform you about changes in the services we offer and/or about features we think you would find interesting;

7.4. Make such information available to the affiliated entities in our company group to inform you about products or services they offer which may be of interest to you;

7.5. Use, publish and/or disclose such information for any lawful purpose;

7.6. Perform any other function permitted by our Client Information Processing Policy

8. The downloading and use of and/or reliance on data FROM OUR COMPUTER SYSTEMS is ENTIRELY YOUR CHOICE AND IS done at your own RISK. You should therefore

8.1. independently CONFIRM the completeness and reliability of ANY information OBTAINED FROM OUR COMPUTER SYSTEMS;

8.2. implement suitable protection mechanisms to prevent viruses and/or code which may be harmful to your computer system, BEING transmitted to you FROM OUR COMPUTER SYSTEMS.

8.3. SAVE TO THE EXTENT TO WHICH WE ARE UNABLE TO EXCLUDE OUR LIABILITY BY OPERATION OF LAW OR WHERE WE EXPRESSLY ACCEPT LIABILITY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER BECAUSE YOU HAVE USED OUR COMPUTER SYSTEMS (OR RELATED SERVICES) AND/OR RELIED ON ANY DATA FROM SUCH SYSTEMS. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER YOUR LOSS ARISES FROM ANY CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR FROM ANY OTHER CAUSE.

PART C: VOUCHER ISSUE CONDITIONS

29. GENERAL

29.1. We may from time to time make available electronic VIP rewards program discount vouchers and coupons via our computer systems for redemption against products offered for sale at some of our retail stores in South Africa ("Vouchers").

29.2. Each such Voucher offer is made subject to these general terms as well as the specific terms and rules applicable to the particular Voucher ("Voucher Terms"). The Voucher Terms will be referred to or set out on the relevant Voucher offer or otherwise be made available on our computer systems.

29.3. We may, at our sole and absolute discretion and without prior notice to you, change the description and/or terms applicable to any Voucher offer or discontinue the availability of any such offer.

29.4. Should there be a conflict between the terms contained in this document and the Voucher Terms, the Voucher Terms will prevail. It is your duty to familiarise yourself with the relevant Voucher Terms before participating in a Voucher offer or attempting to redeem a Voucher.

29.5. Use of our computer systems and the Vouchers are subject to the laws of the Republic of South Africa. You further consent to the jurisdiction of any South African Magistrate's Court which has jurisdiction in respect of your person and which is able to adjudicate any dispute arising from or in connection with these terms of use, regardless of whether the amount in dispute exceeds such court's jurisdiction.

30. VOUCHER DESCRIPTIONS

30.1. Each Voucher offer will set out at least the following in its Voucher Terms:

30.1.1. The value of the Vouchers expressed either in South African Rand or as a percentage discount;

30.1.2. The specific product(s) against which the Vouchers may be redeemed;

30.1.3. The stores and/or region where the Vouchers may be redeemed;

30.1.4. The period for which the offer and/or the issued Vouchers are valid;

30.1.5. Any other specific condition, restriction or limit which applies to the issue or redemption of the Vouchers. This may include any minimum purchase or spend requirements;

30.1.6. The location where the Voucher Terms may be obtained.

31. VOUCHER OFFER RESTRICTIONS

31.1. Unless expressly stated otherwise

31.2. Only South African residents may take up Voucher offers. We may ask you to provide adequate proof in respect of this requirement;

31.3. Only persons over the age of 18 and able to conclude binding contracts may subscribe and participate in our Voucher offers. We may ask you to provide adequate proof in respect of this requirement;

31.4. No more than one Voucher per person and household will be available under any Voucher offer;

31.5. Each Voucher may be redeemed only once;

31.6. A Voucher is not transferable. It may therefore only be redeemed by the person to whom it was issued unless we give our written consent for the Voucher to be transferred to another person;

31.7. Only one Voucher will be redeemed per product purchased from us;

31.8. A Voucher may not be used in conjunction with any other special offer, promotion, voucher or coupon unless this is specifically permitted in the relevant Voucher Terms;

31.9. Vouchers cannot be redeemed against prior purchases;

31.10. Your participation in a Voucher offer may be subject to additional criteria (e.g. a minimum age) with which you will need to comply. Examples:

31.10.1. If a Voucher applies only to specific stores, you may not redeem it at any other stores;

31.10.2. If the Voucher applies only to certain specified products, you may not redeem it against any other products;

31.10.3. If the Voucher may be redeemed during a certain period, you may not redeem it during any other period;

31.11. Vouchers cannot be exchanged for cash or for other vouchers of any kind. No change will be paid out if the value of the products for which the Voucher is used is less than the value of the Voucher;

31.12. Vouchers cannot be used to pay for taxes, shipping and handling or other charges which may apply to the purchase of the products to which Voucher relates.

32. SUBSCRIPTION AND ISSUING OF VOUCHERS

32.1. Before you can become eligible to participate in our Voucher offers, you will be required to complete the prescribed subscription process, subject to the following:

32.1.1. By subscribing you agree that we may communicate with you concerning Voucher offers and promotions that may be of interest you;

32.1.2. You may notify us at any time if you want us to stop sending you such communications. This may be done by sending us an email at talk2us@hungrylion.co.za.

32.2. We may from time to time make available certain Vouchers for certain products or stores as described in the relevant Voucher Terms. You may submit requests to take up such Vouchers by completing our automated Voucher issuing process in the prescribed manner. The process will provide you with an opportunity to review the request, to correct mistakes and to cancel each request before finally submitting it. Please make sure that the all details are correct before submitting the request. We may restrict the number of Vouchers to be issued to you and/or your household to discourage unfair practices.

32.3. Once submitted, your request will constitute an offer to participate in the relevant Voucher offer on the terms and conditions contained in these terms of use and the applicable Voucher Terms. It is your duty to review the applicable Voucher Terms before submitting a request. Your offer is open for acceptance by us. We reserve the right not to accept or process your request for a Voucher and we will try to notify you if this is the case. In particular, we may refuse to issue Vouchers to you under offers for which you do not meet the specified qualification criteria. This includes instances where

32.3.1. The law prescribes a minimum age for certain products and you are younger than the minimum age;

32.3.2. An offer is limited to a certain geographical area and you do not live in that area to which the offer applies;

32.3.3. The Voucher stock under the offer is exhausted; or

32.3.4. The number of Vouchers issued to you exceeds any applicable limit.

32.4. Once we accept your offer, a legally binding contract will come into existence. We will then send you a notice confirming that your offer has been accepted. Such notice will be accompanied by the relevant Voucher. Please note that, while we will try to send the confirmation notice for every properly submitted Voucher request, we cannot guarantee that

32.4.1. The notice or the accompanying Voucher will be received by you, or

32.4.2. If the notice and related Voucher(s) are received by you, they will be legible and uncorrupted

32.4.3. Please contact us if you experience any problems during the issuing process as they will not affect the validity of our contract.

We will keep all records of Vouchers issued to you. You will be able to access your record of valid Vouchers by submitting an email request for such information to talk2us@hungrylion.co.za for as long as the Vouchers remain valid.

33. VOUCHER REDEMPTION

33.1. Each Voucher that you acquire from us creates a right to obtain a defined discount on specific products available for sale at our retail stores during our trading hours only. The Voucher may, however, only be redeemed

33.1.1. By the person to whom it has been issued, and

33.1.2. Where all the applicable Voucher Terms (including any restrictions which may be stated) have been fulfilled.

33.2. We will not re-issue damaged, lost or stolen Vouchers. Your Voucher will typically contain unique identification numbers, barcodes and/or access codes which will make sure that each Voucher is redeemed only once. No Voucher may be redeemed without such information being made available.

33.3. We may ask that you provide us with suitable evidence of your right to use the Voucher before you may redeem it. We are not obliged to redeem Voucher under the following circumstances

33.3.1. Where the Voucher was issued to you by mistake;

33.3.2. Where the Voucher is manifestly incorrect;

33.3.3. Where redeeming the Voucher would be illegal;

33.4. Where redeeming the Voucher would be practically impossible where, for example, our computer systems are not functioning properly or the product to which the Voucher applies is unavailable for any reason.

33.4.1. If the product to which the Voucher applies is unavailable when you try to redeem the Voucher, we will source the product from another outlet within 48 hours at the same promotional price.

34. OUR LIABILITY

34.1.WHILE WE WILL TRY TO ENSURE THAT THE INFORMATION CONCERNING OUR VOUCHERS IS COMPLETE AND ACCURATE, WE PROVIDE NO WARRANTY IN THIS REGARD. WE THEREFORE DENY (TO THE MAXIMUM EXTENT PERMITTED BY LAW) LIABILITY FOR ANY LOSS YOU MAY SUFFER BECAUSE OF ANY OMISSION AND/OR INACCURACY CONTAINED IN ANY VOUCHER OR ANY RELATED INFORMATION.

34.2.WHILE WE WILL TRY TO ENSURE THAT ANY VOUCHERS WE ISSUE MAY BE REDEEMED, WE DO NOT WARRANT THAT WE WILL ALWAYS BE ABLE TO DO SO. WE THEREFORE DENY (TO THE MAXIMUM EXTENT PERMITTED BY LAW) LIABILITY FOR ANY LOSS YOU MAY SUFFER SHOULD WE BE UNABLE TO REDEEM A VOUCHER.

34.3.WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER WHICH MAY STEM FROM YOUR PARTICIPATION IN ANY OF OUR VOUCHER OFFERS (WHETHER IN CONTRACT, STATUTE OR DELICT), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.

34.4.SHOULD WE FOUND TO BE LIABLE IN RESPECT OF ANY CLAIM(S) IN CONNECTION WITH ANY VOUCHER OR ANY RELATED INFORMATION, OUR LIABILITY WILL NOT EXCEED THE MONETARY VALUE OF THE VOUCHER INVOLVED, REGARDLESS OF THE REASON FOR OUR LIABILITY, WHETHER IT STEMS FROM CONTRACT, STATUTE OR DELICT, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.

PART D: COMPLAINTS AND LEGAL RESOLUTIONS

35. QUERIES AND COMPLAINTS

35.1. If you have any query or complaint regarding our Vouchers, you can contact us at talk2us@hungrylion.co.za during our normal business hours.

35.2. If you want to lodge a formal complaint, kindly please submit the following information to us in writing:

35.2.1. Your full name(s), physical address, telephone number and email address;

35.2.2. The details of the relevant Voucher offer or Voucher;

35.2.3. The details of the problem you may have experienced regarding such Voucher offer or Voucher;

35.2.4. The actions you would like us to take to remedy the problem;

35.2.5. A statement confirming that you are making the complaint in good faith;

35.2.6. A statement confirming that the information you are providing to us is, to the best of your knowledge, true and correct;

35.2.7. Please include your signature in your complaint.

36. LEGAL RESOLUTIONS

36.1. You agree to accept service of any legal process at the addresses you provide to us.

36.2. The entire agreement between you and us concerning your use of our computer systems, the Vouchers offered and any products and services acquired using such Vouchers is made up of

36.3. These terms of use;

36.4. Any terms and / or policies incorporated by reference in this document;

36.5. The terms stated on any Voucher;

36.6. Any terms implied herein by applicable law.

36.7. These terms of use will override any contrary terms or conditions which may be incorporated by you in your communications with us. Any such conflicting terms or conditions will not form part of the agreement concluded between us.

36.8. Should a part of this agreement be held to be unenforceable or invalid by any competent authority, then the unenforceable part will be interpreted according to applicable law as closely as possible to reflect the original intentions of ourselves. The remaining provisions of our agreement will continue to remain in force and will be given effect to the fullest extent permitted by the law.

36.9. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties under our agreement to any other person without our prior written consent.

36.10. We may cede, delegate, transfer and assign our rights, obligations and duties under this agreement to any other person.

36.11. Our failure to enforce any provision of this agreement strictly will not be interpreted as a waiver of any provision or right we may have.

36.12. Should we fail to carry out any of our duties in terms of our agreement with you, such failure will be excused if and to the extent that such failure is due to circumstances beyond .

37. MAKING YOUR CONFIDENTIAL INFORMATION AVAILABLE

Hungry Lion Fast Foods (Pty) Ltd is committed to protecting your privacy.

37.2.To make use of certain of our products and services you will be asked to provide us with certain of your personal and financial information. We recognise, however, that you may consider this information to be "confidential" and do not want it disclosed to or used by others.

37.3.The choice of providing us with this information is, however, always yours. If you choose to disclose your information, we accept that it is our duty to respect and protect its confidentiality. This means that we will not use or disclose it without your permission, unless we have some legal duty to do so. If, however, you choose not to provide this information to us, we may not be able to render the products or services you wish to select.

38. PROTECTING YOUR CONFIDENTIAL INFORMATION

38.1.This policy determines what we will do with your confidential information after you have disclosed it.

38.2.Please read and consider this document carefully as you will be required to accept its terms before we can provide any products and services to you.

39. WHO WE ARE

39.1.When we refer to "we", "us" or "our" in this document we are referring to

39.1.1. Hungry Lion Fast Foods (Pty) Ltd (Registration Number 1979/009921/07);

39.1.2. Anyone to whom we may assign (i.e. give) our rights and duties under this policy, and

39.1.3. Anyone who takes our place (i.e. our successor).

39.2.Please note that how we use "we", "us" or "our" in this policy, depends on the context.

40. INFORMATION WE MAY HOLD

40.1.We may record and hold the following types of information about you:

40.1.1. All information contained in the forms or other documentation you submit to us and any other details you provide afterwards. This may include your name, contact details, age, identity number, assets, liabilities, income, payment records, etc;

40.1.2. Information we use to process any application you submit and which we use to determine whether you qualify for certain goods and services. This may include information received after we've made enquiries with public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies or your current or previous insurance companies. Please note that the information received from these entities may be linked to other people with whom you have financial associations, for example, members of your family and your business partners and associates;

40.1.3. Details of your preferences concerning our products and services;

40.1.4. Other demographic and lifestyle information;

40.1.5. Details of the accounts you and the members of your family hold and any transactions you and the members of your family have previously concluded with or through us; and

40.1.6. Details of when you contact us and when we contact you. This includes for example, IP addresses, electronic mail addresses, telephone numbers you contact us from and the content of the communications between us (which may be recorded).

41. WHY WE NEED YOUR INFORMATION

41.1.Your information is needed for the following purposes:

41.1.1. To process applications and decide whether you qualify for our products or services and for making related decisions (such as whether to extend credit to you). This may include confirming your identity, credit status, contact details, financial track record, etc from time to time;

41.1.2. To take such actions as may be required to enable and improve your use of our services;

41.1.3. To exercise our rights and comply with our duties in respect of any products or services we may provide to you. This may include processing and recording your requests and transactions, managing your accounts and policies, delivering our products and services to you, communicating with you concerning your use of our products and services and collecting payments you may owe us;

41.1.4. To make sure that the information we receive and hold about you is and remains accurate, complete and up to date;

41.1.5. To prevent, investigate and prosecute any unlawful activities;

41.1.6. To comply with legal and regulatory requirements;

41.1.7. To conduct market research and business analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services we offer you;

41.1.8. To inform and provide you with the chance to use products, services and benefits we offer and that we believe may be of interest to you (to the extent that we are legally permitted to do so); and

41.1.9. For such other purposes as you may agree to or as may otherwise be legally permitted, whether to protect our or your interests or those of our suppliers and other customers.

42. HOW WE COLLECT INFORMATION

42.1.We may collect information about you as follows:

42.1.1. From you when you make use of any of our services when, for example you fill in an application or other form, submit a request, conduct a transaction (which may include buying our products) or use our web sites, etc;

42.1.2. From public or private registers or institutions such as credit bureaus, money laundering, fraud prevention and law enforcement agencies, your current and previous insurance companies, etc. This information may be used to process your application for credit or services and to reassess your status from time to time;

42.1.3. From people and entities we use to provide services to us. This may be debt collection services, cheque verification services, communication and data hosting services, processing and management services;

42.1.4. From persons you use to provide services to you. This may include communications and data hosting services and processing and management services;

42.1.5. From any other persons you have permitted to provide information to us; and

42.1.6. From any other persons who may otherwise be legally permitted to provide us with information about you.

43. CONFIRMING YOUR INFORMATION

43.1.It may be necessary for us to confirm the accuracy of your information from time to time using the above and other sources of information.

44. PROTECTING YOUR INFORMATION

44.1.We will try at all times to make sure that your information is protected against unauthorised or accidental access, processing or loss and will implement reasonable technical and Organizational controls to do so.

44.2.In the same way, where we use any other person or Organization to host, manage or process your data on our behalf, we will require them to implement the same or similar controls to protect your information.

44.3.As soon as reasonably possible (provided that we are not prevented from doing so by any law enforcement or regulatory agency), we will notify you in writing and at your registered postal or email address if we believe that an unauthorised access to your information may have occurred. In such instance we will provide you with such information as you may reasonably require to protect your interests.

45. SHARING YOUR INFORMATION

45.1.You agree that we may transfer or make your information available to the following persons and Organizations (whether they are located in our outside of South Africa) in order to achieve the data processing purposes set out in this policy:

45.1.1. To the divisions and entities at Hungry Lion Fast Foods (Pty) Ltd. This includes the directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities within Hungry Lion Fast Foods (Pty) Ltd.

45.1.2. To banks, credit bureaus and fraud prevention agencies, who may link your information with those of your family members and business associates. We will, however, notify you before we provide any negative information about you to a credit bureau and, should you so request, we will, to the extent required by law, provide you with a copy of such information;

45.1.3. To your bank and to the other issuers of payment cards issued to you at your request;

45.1.4. To any other person that supplies, supports or underwrites any products or services we provide to you, but only to the extent to which it relates to your subscription to and use of our products and services;

45.1.5. To governmental, judicial, regulatory and law enforcement bodies and agencies. This includes the South African Revenue Services and the National Credit Regulator;

45.1.6. To persons who provide services to ourselves in relation to the products and services you are obtaining from us. This may include services such as delivery, debt collection, data hosting and processing and management services;

45.1.7. To any person to whom we cede, delegate, transfer or assign any of our rights or obligations relating to the products or services provided to you or relating to any contracts we may conclude with you;

45.1.8. To any person that acts as your legal guardian, executor of your estate, curator or who acts in a similar capacity;

45.1.9. To any person that provides a guarantee or security for the performance of your obligations to us, but only to the extent to which it relates to the guarantee or security provided;

45.1.10. To such other persons as may be permitted by law or to whom you may have given permission to receive your information from us. This may include persons and entities requesting information to evaluate your creditworthiness.

45.2.Please note that at all times, we will ensure that the persons to whom your information is transferred or made available, undertake to protect the confidentiality of your information in a manner similar to that set out in this policy.

46. HOW LONG WE MAY HOLD YOUR INFORMATION

46.1.We may hold your information collected in terms of this policy for as long as you are registered to use our services and for at least five years after you stop doing so, or for such longer period as may be required or permitted by law.

47. WEB SITE USE

47.1.When you access any of our web sites we will collect certain information such as your IP address (the unique number which your machine uses when it is connected to the Internet), what you looked at, whether the page you requested was successful or not, and which browser you used to view the pages. Your web browser will automatically store this information in a "cookie" on your computer's hard drive. "Cookies" are there to improve the way you use our web sites. Most browsers accept cookies automatically, but you can usually change the settings of your browser to prevent this. Please note that, if you choose not to receive cookies, you may not be able to use all the features of our websites.

47.2.Please note that the information collected in this way is used strictly for statistical and personalisation purposes only as it helps us understand which areas of our sites are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.

48. YOUR RIGHTS REGARDING YOUR INFORMATION

48.1.You have a right to know what information we hold about you and to whom we have disclosed such information.

48.2.You also have the right to ask us to correct or delete any information we hold about you. This may be because we are no longer allowed to keep such information or it's inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the information was illegally obtained.

49. EXERCISING YOUR RIGHTS

49.1.To exercise your rights as indicated above, you will need to do the following:

49.1.1. Submit a written request in the prescribed form to our Information Compliance Office at our principal place of business situated at the corner of Trumali House, First Floor, Trumali Street, Stellenbosch, South Africa;

49.1.2. Provide suitable proof of your identity, and

49.1.3. Pay the prescribed fee, if applicable. Where a fee needs to be paid, we will notify of the amount before we process your application.

49.2.We will process your request as soon as reasonably possible.

49.3.Please note that we are only able to fulfil your request where permitted to do so by law and provided that doing so does not unreasonably prejudice our legitimate interests or those of any third party.

50. UNSOLICITED MARKETING COMMUNICATIONS

50.1.Please note that, unless you give your permission, we will not contact you (whether telephonically or by mail, facsimile, SMS or electronic mail) with marketing information.

51. OTHER DOCUMENTATION

51.1.This document is to be read in conjunction with other Hungry Lion legal documentation as published at www.hungrylion.co.za/legal and including but not limited to:

51.1.1. TERMS OF USE

51.1.2. VIP PROGRAM Ts & Cs

51.1.3. END-USER LICENCE AGREEMENT (EULA),

51.1.4. ELECTRONIC VOUCHER SERVICES TERMS,

51.1.5. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY, and

51.1.6. PRIVACY POLICY.

52. GENERAL TERMS AND CONDITIONS

52.1.You may object to receiving such information either when you first subscribe to our goods or services or afterwards, when we send you additional communications. You may also object using a legally recognised public register which is used for such purpose, or by formal notice to us using the prescribed procedure or in any other manner prescribed by law.

52.2 Hungry Lion Fast Foods (Pty) Ltd. is committed to protecting your privacy. We recognise our obligation to respect and protect the confidentiality of your personal and financial information. For this reason we have developed this policy to govern the processing of your information. Please read and consider this document carefully since it sets out our intended use of your personal and financial information. We require you to consent to this policy before we can render any services to you.

53. WHO WE ARE

53.1.When we refer to "we", "us" or "our" herein we are referring to Hungry Lion Fast Foods (Pty) Ltd (Registration Number 1972/009921/07) and its affiliated group companies, or any of them, as the context requires, as well as our assignees and successors in title. Our principal place of business is at Trumali House, First Floor, Trumali Street, Stellenbosch but we recommend you contact us via our Information Compliance Office via email at talk2us@hungrylion.co.za

54. HOW WE COLLECT INFORMATION

54.1.You recognise that in order to make use of our products and services you will have to provide us with certain information pertaining to you, failing which we may not be able to render such products or services to you. However, the choice of providing us with information remains yours at all times. We may collect information about you as follows: From you, including when you apply for our services, submit forms, requests or transactions, use our web sites or otherwise make use of our services;

54.1.1. From public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies and from your current and previous insurance companies, including for the purposes of processing your application for credit or services and to reassess your status from time to time;

54.1.2. From people and entities employed by us to provide services for us, which may include debt collection services, cheque verification services, communications services and data hosting, processing and management services;

54.1.3. From persons employed by you to provide services to you, including communications services and data hosting, processing and management services; and

54.1.4. From such other persons as you may consent to or which may be legally entitled to provide us with information about you.

54.2.We may also make enquiries with anyone for the purposes of verifying the accuracy of information already given to us.

55. INFORMATION WE MAY HOLD

55.1.We may record and hold the following types of information about you:

55.1.1. All information of the type as contained in the forms or orders you may submit to us as well as any other details about you that you may provide to us subsequently, including your name, contact details, age, identity number, assets, liabilities, income and payment records;

55.1.2. Information we used to process your application for credit and orders for goods or services and to assess your status from time to time, including as received pursuant to our enquiries with public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies or your current or previous insurance companies. Information received from these entities may be linked to other people with whom you have financial associations, including members of your family and your business partners and associates;

55.1.3. Details of your preferences regarding our products and services, and other demographic and lifestyle information;

55.1.4. Details of the accounts you and the members of your family hold and transactions you and the members of your family have previously concluded with or through us; and

55.1.5. Details of when you contact us and when we contact you, including the IP addresses, electronic mail addresses and telephone numbers you contact us from and the content of the communications between us, which we may record. We may hold your information collected hereunder for as long as you are registered to use our services and for at least five years thereafter or such longer period as may be required or permitted by law.

56. WHY WE NEED YOUR INFORMATION

56.1.We collect and will process your information for the following purposes:

56.1.1. To process your application for credit and orders for goods or services and for making related decisions (such as the continuation or extension of credit), including by verifying your identity, credit status, contact details, financial track record and otherwise ascertaining that you qualify for our services from time to time;

56.1.2. To take such actions as may be required to enable and improve your use of our services and to exercise our rights and comply with our obligations in respect thereof, including by processing and recording your product and service requests and transactions, managing your accounts and policies, delivering our products and services to you, communicating with you regarding your use of our products and services and collecting payments you may owe us;

56.1.3. To ensure that the information we receive and hold about you is accurate, complete and up to date;

56.1.4. To prevent, investigate and prosecute fraud, money laundering, terrorism, abuse of our services and other unlawful activities;

56.1.5. To comply with legal and regulatory requirements, for audit purposes and legal proceedings;

56.1.6. To conduct market research and business analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services we offer to you;

56.1.7. To inform and provide you with the opportunity to make use of products, services and benefits that we offer and that we believe may be of interest to you to the extent that we are lawfully permitted to do so; and

56.1.8. For such other purposes as you may consent to or as may otherwise be lawfully permitted, including for the purposes of protecting our and/or your legitimate interests and/or that of our suppliers and other customers.

56.2.Please note that we will not contact you telephonically for unsolicited marketing purposes or send unsolicited marketing communications to you by mail, facsimile, SMS or electronic mail if you have objected to receiving such communications by way of a public register recognised for such purposes by law or by notifying us of your objection in the prescribed manner. We will provide you with reasonable opportunities to object to receiving marketing communications in the manner prescribed by law, including upon your application to subscribe to our services and on each occasion when we send you such communications.

56.3.Please note that we may use a credit-scoring or other automated decision-making system to assess your applications for credit. If we use an automated decision-making system, we will provide you with a description of the underlying logic of our decision-making system and provide you with an opportunity to make representations to us regarding the decision.

57. SHARING YOUR INFORMATION

57.1.Keeping your financial information secure is one of our most important responsibilities. We cannot disclose your information unless legally permitted thereto. Save as set out below, we will not transfer your information to a third party without your consent unless legally obliged thereto. In particular, we do not sell lists or databases with our clients' information and will not provide any of your information to entities outside our group so as to permit them to market their goods or services to you. You agree that we may transfer your information to the following people and Organizations in pursuit of the data processing purposes set out in this policy:

57.1.1. To the divisions and entities in Hungry Lion Fast Foods (Pty) Ltd. including to the directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities within Hungry Lion Fast Foods (Pty) Ltd.;

57.1.2. To banks, credit bureaus and fraud prevention agencies, who may link your information with those of your family members and business associates, provided that we will notify you in advance before we provide adverse information about you to a credit bureau and, upon request, provide you with a copy of such information as required by law;

57.1.3. To your bank and to the other issuers of payment cards issued to you at your request, and to any other person that supplies, supports or underwrites a service or product we provide to you insofar as it pertains to your subscription to and use of such service or product;

57.1.4. To governmental, judicial, regulatory and law enforcement bodies and agencies, including any credit regulator;

57.1.5. To persons employed by us to provide services on our behalf that adhere to principles similar to ours regarding the treatment of your information, including delivery, debt collection, data hosting, processing and management services;

57.1.6. To any person to whom we cede, delegate, transfer or assign any of our rights or obligations pertaining to the products or services provided to you or contracts concluded with you;

57.1.7. To any person that acts as your legal guardian, executor of your estate, curator or in a similar capacity;

57.1.8. To any person that guarantees or stands surety for the performance of your obligations to us insofar as it pertains to such guarantee or suretyship;

57.1.9. To such other persons as may be permitted by applicable law or that you may consent to, including persons and entities who may request such information to evaluate your creditworthiness.

57.2.Please note that our sharing of your information may also involve the transfer thereof to third parties outside RSA. In the event of such transfer, we will require that such third party also subscribes to protecting your information on terms similar to the terms of this policy.

58. SECURITY

58.1.We will strive at all times to ensure that your records will always be protected against unauthorised or accidental access, processing or loss. We maintain this commitment to data security by implementing appropriate reasonable technical and Organizational measures to safeguard and secure your information, including by using appropriate cryptographic techniques and access control mechanisms. If we use a third party to host, manage or process your data on our behalf we will require that such third party also commit to implementing appropriate reasonable technical and Organizational measures to safeguard and secure your information. If we are not prevented by a law enforcement or regulatory agency, we will notify you as soon as practicably possible in writing and at your registered postal or email address if we believe that unauthorised access to your information may have occurred, providing you with such information as you may reasonably require to implement protective measures. What role can you play in protecting your information and accounts?

58.1.1. Never share your user identification name or number, your personal identification number (PIN) or password with anyone or submit it to any web site that you do not recognise and fully trust and never send such information to us or anyone else via unencrypted electronic mail or other unprotected communication mechanism;

58.1.2. Only provide your user identification name or number, your PIN or password to us via our web site when your browser shows a Secure Socket Layer (SSL) connection directly to us;

58.1.3. Do not leave your computer unattended after you have entered your PIN and password to access your accounts via our web site;

58.1.4. Always log or sign off at the end of a web site session;

58.1.5. Change your web password regularly;

58.1.6. Keep your contact details as provided to us up to date and accurate, including by promptly notifying any changes thereto to us; and

58.1.7. Promptly report any suspected security breach, loss or theft of your user identification name or number, your PIN and/or password and of any cards providing access to your accounts;

59. WEB SITES

59.1.When you visit any of our websites we may collect certain information about your usage preferences and history. Such information will be stored in a cookie on your computer's hard drive by your web browser. Cookies are intended to assist and improve your use of our web sites. Most browsers accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance. If you choose not to receive cookies, you may not be able to use all the features of our websites.

59.2.Every time you connect to our web sites we store web server logs which show your IP address (the unique number which your machine uses when it is connected to the Internet); what you looked at; whether the page request was successful or not, and which browser you used to view the pages. The use of this data is strictly for statistical and personalisation purposes only. This helps us understand which areas of the site are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.

59.3.Currently we use the following security measures to protect your information when you use our online transaction services:

59.3.1. Advanced encryption software using 128 bit encryption built into browsers to establish a Secure Socket Layer (SSL).

59.3.2. You can only use the service if you are registered as a user thereof and chosen an access account number and your own personal identification number (PIN).

59.3.3. You only have three opportunities to enter your PIN correctly. After the third unsuccessful attempt, you will be denied access to the service. To reset your PIN, contact your branch.

59.3.4. If you log on and do not use the service for ten minutes, you will be logged out automatically. To access your accounts again, you will need to log on again.

60. YOUR RIGHTS REGARDING YOUR INFORMATION

60.1.Provided that you give us suitable and adequate proof of your identity, you have a right to know which records we hold about you and to know the identity of all third parties which have been or are to be given access thereto. This can be done by submitting a written request in the prescribed form to us. We may charge a reasonable prescribed fee as notified to you in advance for processing such requests. We will not be obliged to provide you with information to the extent that we are prohibited or permitted thereto by applicable law.

60.2.You also have the right to require us to correct or erase any records we hold about you that we are no longer permitted to retain, is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or has been unlawfully obtained. This can be done by submitting a written request in the prescribed form to us. We will notify you of the steps taken as a result of your request.

60.3.Please contact our Information Compliance Office indicated at the head of this policy if you want to submit any request to us hereunder. We will provide you with the prescribed form and the amount of any applicable prescribed fee.

61. OBJECTIONS

61.1.Please contact your local branch or our Information Compliance Office indicated at the head of this policy if you want to object to our collection, processing, recording, protection, use or sharing of your information. Please note that we may require a reasonable period to comply with your objection and can only do so if permitted thereto by law and such compliance does not unreasonably prejudice our legitimate interests or that of a third party.

62. OTHER DOCUMENTATION

62.1.This document is to be read in conjunction with other Hungry Lion legal documentation as published at www.hungrylion.co.za/legal and including but not limited to:

62.1.1. TERMS OF USE

62.1.2. VIP PROGRAM Ts & Cs

62.1.3. END-USER LICENCE AGREEMENT (EULA),

62.1.4. ELECTRONIC VOUCHER SERVICES TERMS,

62.1.5. PROTECTION OF PERSONAL INFORMATION (POPI) AND CLIENT INFORMATION PROCESSING POLICY, and

group of companies are committed to protecting your privacy. We recognise our obligation to respect and protect the confidentiality of your personal and financial information. For this reason we have developed this policy to govern the processing of your information. Please read and consider this document carefully since it sets out our intended use of your personal and financial information. We require you to consent to this policy before we can render any services to you.

63. COPYRIGHT STATEMENT

64. All information and data (including graphics) provided by the Hungry Lion and its staff on this Web server are, unless otherwise noted, is the copyright protected property of Hungry Lion Fast Foods (Proprietary) Limited. Unlimited distribution of Hungry Lion copyright material is permitted, but only if textual and graphic content is not altered and the source is acknowledged. The copyright to other material found on this server may be owned by other people, and you should get permission from them before distributing their material.

65. © Copyright 2020, Hungry Lion Fast Foods (Pty) Ltd.