TERMS AND CONDITIONS FOR EDP
“LUCKY CHOW ENTERPRISE DEVELOPMENT PROGRAMME 2023/2024”
INTRODUCTION
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”) and A2Pay Foundation NPC, Registration number 2015/356524/08 of Block A, 13 Indianapolis Avenue, Kyalami Office Park, Kyalami Boulevard, Midrand, Johannesburg, 1684 (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” (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 and 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 Lucky Chow menu in the township spazas, 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 from February 2024 and end in September 2024.
GENERAL GUIDE RULES TO EDP 2023/24
5. Apart from the Merchants, A2Pay shall select a number of coaches to partake in the mentorship programme and provide guidance and assistance to the Merchants through the LCEDP.
6. It is recorded that all communication, queries, correspondence, and enquiries regarding the LCEDP MUST be made to A2Pay, as A2Pay is the LCEDP administrator. All Merchants MUST direct all such communication to A2Pay and NOT the Contributor.
7. All funding and contributions due by or on behalf of the Merchants are administered by A2Pay. It is recorded that any payments in accordance with the LCEDP remains the responsibility of A2Pay. The Contributor is in no way liable or responsible for any of A2Pay’s 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 27. The Contributor, however, shall assist with the first 6 (six) months license fees for participating Merchants. Thereafter, the Merchants are expected to continue with license fees negotiated at R300.00 (three hundred rand) per month for the remaining 6 (six) months of the programme.
9. The Contributor and/or A2Pay reserve the right to request a Merchant and / or a coach (where appropriate) to depose to an affidavit confirming the accuracy of the information provided in the Merchant’s application. The Merchant must, 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 (found at following hyperlink https://www.edp.luckystar.co.za/requirements), the mentorship / coaching will be forfeited to the Contributor and A2Pay for a reselection on the same basis that the original Merchant was selected.
11. Should a Merchant leave, drop out and/or drop off from the LCEDP (during its duration), any contribution made by that Merchant 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 LCEDP by the Merchant.
12. By entering the LCEDP, the Merchant hereby grants its consent to the Contributor, HTA and A2Pay to use its name, any photographs, sound recordings and/or video footage taken of the Merchant, during the LCEDP (“Marketing Footage”) to be used in any marketing material for the purposes of promoting the LCEDP by the Contributor,
HTA and/or A2Pay. The Merchant hereby acknowledges and accepts that the Marketing Footage is considered the property of the Contributor, HTA and A2Pay, collectively.
13. By entering the LCEDP, all Merchants acknowledge and agree to these terms
and conditions. Furthermore, it is recorded that any Merchant who is selected will
be invited to sign a separate agreement directly with HTA and/or A2Pay to govern
the collaboration and co-branding relationship between them for the duration of the programme. For clarity, all Parties (Merchants, Contributor, HTA and A2Pay) shall continue to operate in accordance with these terms and conditions, in addition to
any separate agreement entered relating to the LCEDP.
14. For clarity, nothing in these terms and conditions is intended to give either the Merchants, coaches, HTA or A2Pay any ownership or any other rights in any the Contributor’s property in connection with the LCEDP including, without limitation, the Contributor’s 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, and the Merchants, coaches, HTA and A2Pay undertake to respect such ownership and keep such information confidential.
15. The Contributor has vast goodwill and reputation and thus the Merchants, coaches, A2Pay and HTA undertake 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.
16. Should any Merchant be found to be in contravention of any of these terms and conditions and/or any further written agreement entered between A2Pay and Merchants OR where Merchants, in the opinion of the Contributors, engaged in conduct, 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 upon written notice.
17. The Contributor is in no way directly or indirectly liable for any communication in
all forms pertaining to the LCEDP, unless stated otherwise these terms and conditions. The LCEDP is administered and conducted by A2Pay, 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 and/or a coach or for any action committed by A2Pay, its directors, employees and/or agents.
18. Each of the parties choose domicilium citandi et executandi for all purposes under this LCEDP, notice or other documents or communication of whatsoever nature:
18.1: A2PAY FOUNDATION NPC:
Block A,
13 Indianapolis Ave,
Kyalami Office Park,
Kyalami Boulevard,
Midrand,
Johannesburg, 1684
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 Merchant submits an entry and/or sends e-mails to the Contributor,
HTA or A2Pay, that Participant consents to receiving communications electronically and agrees that all agreements, notices, disclosures and other communications sent by the Contributor, HTA or A2Pay electronically shall satisfy any legal requirements, including but not limited, to the requirement that such communication should be “in writing”.
21. A Merchant, by entering the LCEDP, agrees and gives consent that the information provided to enter the LCEDP may be stored and used for statistical, marketing purposes or any other legitimate purpose necessary for running of the LCEDP by the Contributor. Consent to use a Merchant’s information is not a condition for entry in the LCEDP and the Merchant has the right to withdraw such consent at any time by notifying the Contributor per telephone on number 021 415 8600 or per e-mail at info@luckystar.co.za. 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 by viewing it on the Oceana website under the following hyperlink https://oceana.co.za/data- privacy/.
22. Information collected from Merchants 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 only for the purposes of the LCEDP.
23. A Merchant will have 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 e-mail at info@luckystar.co.za.
24. A2Pay utilises data gathered from all A2Pay machines to analyse and provide reports on general market trends. The Merchant gives A2Pay consent to do this, with the understanding that A2Pay will never provide identifiable personal information of a Merchant to any 3rd party, unless prior agreed to specifically by the Merchant in writing. The Merchant hereby gives its consent to A2Pay to provide the Contributor with specific information, relating to the Merchant, on their Lucky Star and competitor sales information for as long as the Merchant is participating in the LCEDP.
A2PAY LICENSE FEE
25. The Merchant must enter into a separate agreement in terms of clause 13 above
and which will outline the benefits and obligations regarding the License fee and POS machine rental.
26. 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 License fee beyond the initial 6 (six) months.
27. 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, without limitation:
28. Stock database with complete POS functionality so that you can to load all
your products and services to sell off your POS terminal, with VAS items automatically populates stock using barcodes;
28.1 Access to the A2Pay Biz Cloud - 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;
28.2 Allows pricing management across multiple sites;
28.3 Access to your business reports – access all the critical information about how your business is performing, stock reports and sales;
28.4 It also covers the cost of the data needed to run the device;
28.5 Software upgrades development and monitoring to keep your system up to date with latest developments and new features;
28.6 Remote technical assistance and system monitoring – fault finding and resolution;
28.7 Call centre support should you experience problems with your POS system;
28.8 Access to a unique A2Pay wallet system to manage your business finances;
28.9 Access to the A2Pay business partner programmes – Premier store and financial incentives – Pathways; and
28.10 Access to Financial services – trading behaviour can give you access to loans.
29. The POS License fee does not PAY OFF THE MACHINE (Equipment). For clarity purposes, the POS machine will remain the property of A2Pay and nothing in these terms and conditions shall be construed to transfer any ownership of the POS machine to the Merchants. The payment of the License Fee shall permit the Merchant to use and benefit from the use of the POS machine for the duration that the License Fee is paid to A2Pay.
30. In the event that the Merchant is unwilling to take over the payment of the License Fee after the first initial 6 months or fails to pay the License Fee when due and payable by the Merchant, as expressed in clause 8, then the Merchant will no longer be entitled to use the A2Pay POS machine and will be disqualified from continuing in the LCEDP.
31. Additional note on Equipment
31.1 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 a add on optional after the 12 month period but would be to your advantage to provide continual technical support and keep your business running.