TERMS AND CONDITIONS FOR MENTEES
“LUCKY STAR LUCKY CHOW ENTERPRISE DEVELOPMENT PROGRAMME”
1. Lucky Star Ltd, Registration Number: 1946/022718/06, of 8th Floor, Oceana House, 25 Jan Smuts Street, Foreshore, Cape Town (hereinafter the "Contributor" or "Lucky Star"), in association with HTA Training & Development, Registration Number: 2015/349207/07, (hereinafter "HTA" or "Training Provider") and A2Pay Foundation NPC, Registration Number: 2015/356524/08 of 32 Bluegum Ave, Bordeau, Randburg Gauteng, hereinafter "A2pay") invites small businesses (hereinafter “Merchants”) to participate in an Enterprise Development Programme.
2. This is an Enterprise Development Programme called "Lucky Chow Enterprise Development Programme", or (the "LCEDP").
3. The LCEDP invests in entrepreneurs – with a particular emphasis on women and youth living in townships who show potential and commitment to grow a business and create jobs. The LCEDP is a one-year Enterprise Development Programme. The programme aims to assist with upskilling of local youth with culinary and basic business skills, support them through the use of technology to improve their business performance and bring about stability.
4. The purpose of the programme is to assist with upskilling of local youth with culinary and basic business skills, and entrench the Lucky Chow menu in the township spazas and spazarette shops selling street food. The programme aims to create awareness of Lucky Star health benefits over ordinary or currently available street food. Activities for merchants commences in January 2022 and end in September 2022.
GENERAL GUIDE RULES TO EDP 2021/22
5. Apart from the Merchants, A2Pay will select a number of Coaches to assist with the mentorship programme of the Merchants.
6. It is recorded that all communication, queries, correspondence, and enquiries regarding the LCEDP MUST be made to the Training Provider. All participants (i.e., Merchants, Coaches) MUST direct all such communication to the Training Provider and NOT the Contributor.
7. All funding and contributions due to the Merchants are administered by the Training Provider. It is recorded that any payments in accordance with the LCEDP remains the responsibility of the Training Provider and/or A2Pay. The Contributor is in no way liable or responsible for any of the Training Provider and/or A2Pay obligations in this regard.
8. A POS license fee is payable to A2Pay by the Merchant and is to the Merchants advantage. The benefits of the POS license fee are included below in clause 24. The Contributor however shall assist with the first 6 (six) months license fees for participating Merchants. Thereafter the Merchants are expected to continue with licence fees negotiated at R 250 (two hundred and fifty rand) per month.
9. The Contributor and/or Training Providers reserve the right to request a Merchant and/or Coaches to depose an affidavit confirming the accuracy of the information provided in the entrant’s application. The entrant/Merchant must further upon request be able to verify their identity by providing a certified copy of their South African identity document, valid passport or driver’s license.
10. If for whatever reason the Merchant cannot be contacted or is disqualified in terms of the selection criterion set by Lucky Star, A2Pay and HTA, the mentorship/coaching will be forfeited to the Training Provider for a reselection on the same basis that the original Merchant were selected.
11. Should a participant (i.e. Merchant and/or Coach) leave/drop out/ drop off from the programme (during its duration) and any contribution has been made to that (i.e. Merchant and or/Coach) in regard to any works/painting/artwork/signage/similar items, then such works/painting/artwork/signage/similar items are not allowed to be removed for the duration of the programme.
12. By entering this LCEDP, the merchant acknowledges and agrees that the Contributor, its agents and representatives are granted the right to invite the merchant, which invitation the merchant has the right to decline, to be present and participate in any marketing activity and use the footage and/or images of the merchant in whole or part and in connection with the distribution, broadcasting and all advertising, marketing and promotions to do with the footage in relation to the LCEDP.
13. By entering the LCEDP, all participants (i.e. Merchants, Coaches) acknowledges and agrees to these terms and conditions. Furthermore, it is recorded that any Merchant who is selected MUST sign a separate contract with the Training Provider and A2Pay acknowledges that they will continue to operate in accordance with these terms and conditions.
14. For clarity, nothing in these terms and conditions is intended to give either the Merchant, Coach or Training Provider any ownership or any other rights in any of the Contributors property in connection with the LCEDP including, and without limitation, intellectual property and intangible property, such as trademarks, images, logos, marketing campaigns and media events. Therefore, all and any intellectual property rights, including any copyright in and to such information will always be owned by and vest with the Contributor. By entering the LCEDP, Merchants, Coaches, A2Pay and Training Provider undertakes to respect such ownership and keep such information confidential.
15. The Contributor has vast goodwill and reputation and thus the Merchant, Coach, A2Pay and Training Provider undertakes not to do anything detrimental to the goodwill and reputation or the statutory and common law rights, whether by commission of any act or by omission to perform any act.
16. Should any Merchant or Coach be found to be in contravention of any of these terms and conditions and/or any further written Agreement entered between the Training Provider and Coaches and/or Merchants OR where Merchants or Coaches, in the opinion of the Contributors, engaged in conduct in entering and participating in the LCEDP, which is fraudulent, misleading, deceptive or generally damaging to the goodwill of reputation of the Contributor, the Contributor reserves the right to disqualify such a Merchant or Coach on written notice.
17. The Contributor is in no way directly or indirectly liable for any communication in all forms pertaining to the LCEDP other than these Terms and Conditions. The LCEDP is administered and conducted by the Training Provider as well as A2Pay, and therefore the Contributor shall in no way assume liability in whole or in part directly or indirectly, from participation in the LCEDP by the merchant/coach or for any action by the Training provider and or A2Pay.
18. Each of the parties choose domicilium citandi et executandi for all purposes under this LCEDP notice, other documents or communication of whatsoever nature:
18.1: A2PAY FOUNDATION NPC:
32 Bluegum Ave, Bordeaux, Randburg, Gauteng, 2191
18.2: HTA/TRAINING PROVIDER:
128 Bram Fisher Drive, Ferndale, Randburg, 2194
18.3: THE CONTRIBUTOR/LUCKY STAR:
9th Floor, Oceana House, 25 Jan Smuts Street, Foreshore, Cape Town, 8001
19. The Contributor has the right to terminate and/or amend the LCEDP immediately and without notice in the event that, due to reasons beyond its control, it is impossible to continue with the LCEDP or if such amendment is required to ensure viability and feasibility of the Programme. In the event of such amendment or termination, all merchants agree to waive any rights that they may have in terms of this LCEDP and acknowledge that they will have no recourse against the Contributor, its directors, employees and agents.
20. When any Participant submits an entry and/or sends emails to the Contributor, that Participant consents to receiving communications from the Contributor electronically and agrees that all agreements, notices, disclosures and other communications sent by the Contributor electronically satisfy any legal requirements, including but not limited to, the requirement that such communication should be “in writing”.
21. A Participant, by entering the LCEDP, agrees and gives consent that the information provided to enter the LCEDP may be stored and used for statistical purposes, the purposes of this programme and/or for marketing purposes by the Contributor. Consent to use the participant’s information is not a condition for entry in the LCEDP and the participant has the right to withdraw such consent at any time by notifying the Contributor per telephone on number 021 415 8600 or per email at firstname.lastname@example.org. By entering the LCEDP, please note that in order for us to process this entry, the Contributor will have to process your/the participants' personal information, which processing will be subject to the Oceana Procurement and Marketing Processing Notice, which can be accessed on the Oceana website under the following hyperlink - https://oceana.co.za/data-privacy/.
22. Information collected from participants will be used by the Contributor only and will not in any way be transferred or made available to third parties, except if it remains for the use by the Contributor and only for the purposes of the LCEDP.
23: A participant has the right to request from the Contributor details of the information held of the participant, and to update and/or correct any of the information provided. The Contributor can be contacted for this purpose per telephone on number 021 415 8600 or per email at email@example.com.
A2PAY LICENSE FEE
24. The Merchant must enter into a separate Agreement in terms of clause 13 above which will outline the benefits and obligations regarding the License Fee.
25. Although the Contributor will agree to pay the first 6 (six) months of the License Fee, the Merchant must agree in writing to pay the compulsory monthly POS Licence Fee beyond the initial 6 (six) months.
26. In this clause, "you" or "your" refers to the Merchant. The purpose of the POS License Fee is that it provides the following additional services/functionality:
26.1: Stock database with Complete POS functionality so that you can load all your products and services to sell off your POS terminal, with VAS items and automatically populates stock using barcodes.
26.2: Access to the A2Pay Biz Cloud with off-site backup so that you don’t lose your trading and financial information. Business continuity – restore all your data if your terminal gets stolen/lost broken.
26.3: Allows pricing management across multiple sites.
26.4: Access to your business reports – access all the critical information about how your business is performing, stock reports and sales.
26.5: It also covers the cost of the data needed to run the device.
26.6: Software upgrades development and monitoring to keep your system up to date with latest developments and new features.
26.7: Remote technical assistance and system monitoring – fault finding and resolution.
26.8: Call Center support should you experience problems with your POS system.
26.9: Access to an unique A2Pay wallet system to manage your business finances.
26.10: Access to the A2Pay business partner programmes. Premier store and financial incentives – Pathways.
26.11: Access to financial services as trading behaviour can give you access to loans.
26.12: Additional info.
27. The POS Licence Fee does not PAY OFF THE MACHINE (equipment). The behaviour and compliance with the agreed terms will determine the payment of the Machine. If you are unwilling to be trained and utilise the device fully, we understand and this is not the program for you. There is an alternative available.
ADDITIONAL NOTE ON EQUIPMENT
28. A2Pay provides you with quality equipment that can last you years if well looked after. The equipment does come with a 12-month manufacturer’s warranty to cover it in case of any problems. After the 12-month period you can still keep your equipment covered with a service plan which comes at a minimal cost to cover your equipment once the warranty period has lapsed. This will be an add-on optional after the 12-month period, but would be to your advantage to provide continual technical support and keep your business running.