Supplier Terms and Conditions

Version#

Version Date: 21 April 2021

1. Definitions

• 1.1. “Account” means the information held by Enticing Brands relating to a Supplier, including personal contact details, information relating to services and/or products offered, details of monies paid to Enticing Brands, billing and transaction records, and any other information provided by the Supplier, its employees, officers or agents.
• 1.2. “Consumer” means any person using the Services on the Portal
• 1.3. “Enticing Brands” or “us” or “we” means Enticing Brands (Pty) Ltd, a limited liability company incorporated according to the company laws of the Republic of South Africa with registration number 2019/625997/07.
• 1.4. “Portal” means the Website and/or any mobile application launched or provided by Enticing Brands to enable you to access the Services.
• 1.5. “Service(s)” means the Entice Me service offered by Enticing Brands to Consumers to enable Consumers to submit requests to Suppliers through the Portal to purchase its services or products and any other services available for use on the Portal or provided by Enticing Brands.
• 1.6. “Supplier” or “You” means a third-party supplier offering its services and/or products to Consumers on the Portal and receiving or accepting requests from Consumers. 
• 1.7. “Website” means the website of Enticing Brands at URL https://enticeme.mobi/ (including subdomains) or such other URL as Enticing Brands may choose from time to time.

2. Use Subject to these Terms and Conditions

• 2.1. This is an agreement between you and Enticing Brands that sets out our general Account and Services terms. It is important that you read and understand the contents hereof, as you will be bound to these terms.
• 2.2. If you do not agree to these Terms and Conditions, you must cease your access and use of the Services and the Portal immediately.
• 2.3. These Terms and Conditions include Enticing Brands’ Privacy Policy, which is included herein by reference and can be accessed .
• 2.4. Due to legal and other developments, Enticing Brands reserves the right to amend the terms of this agreement at any time and without notice to you. It is your duty to remain aware of the current version of these Terms and Conditions. Please refer to the last revision date at the top of this document. Should you proceed with using the Portal or the Services subsequent to any amendments having been affected constitutes your acceptance of the Terms and Conditions as amended. 

3. Owner Information

• 3.1. The following are the details of Enticing Brands. If you have any query regarding the Services or the Website Portal, please contact us using one of these contact methods:
  • Directors: Ryan Cooper, Izak De Beer, Carlo Dickson, Leonardo Gorgulho and Andrew Young 
  • Tel: 021 671 3311
  • E-mail: lenny@enticeme.mobi 
  • Physical Address: 7 Kildare Centre, Wheelan Road, Newlands, Western Cape, 7700 (service address)
  • Postal Address: 7 Kildare Centre, Wheelan Road, Newlands, Western Cape, 7700
  • Registered Address: 7 Kildare Centre, Wheelan Road, Newlands, Western Cape, 7700
  • Membership of Self-regulatory or Accreditation Bodies: Non

4. Registration and Operation of Account

• 4.1. You can create an Account on the Portal to use the Services, and you accept that you are solely responsible for the consequences of your use of your Account and for maintaining it and all information in it. This responsibility extends to all of your employees, officers or agents that may access the Account.
• 4.2. Juristic persons are encouraged to create Accounts using the details of the juristic person rather than that of the employee, officer or agent acting on behalf of the juristic person.
• 4.3. You will have access to your Account through the Portal by means of a username and password. 
  
  • 4.3.1. Access to the Account will allow you to use the Services and contact the Consumers directly through the Portal to provide them with offers. 
  • 4.3.2. Should you forget your username or password, Enticing Brands will be obliged only to take such steps as it regards as being secure to ensure that you re-gain access to your Account.
• 4.4. Enticing Brands takes security seriously, but you accept all risks of any unauthorised access that could occur regarding your registration or Account data. 
• 4.5. You understand that, once the correct username and password relating to your Account have been entered on the Portal, irrespective of whether the use is unauthorised or fraudulent, you will be liable for payment of any Services in accordance with these Terms and Conditions.
• 4.6. You agree:
  
  1. 4.6.1. to use the Portal and your Account only for the purposes set out in these Terms and Conditions;
  2. 4.6.2. not to use the Portal or your Account to commit any unlawful activity;
  3. 4.6.3. not to divulge your username or password to any other person; and
  4. 4.6.4. not to impersonate any other person in dealing with us, and particularly not to access the Portal using another user’s username and password.
• 4.7. You warrant that all information furnished to Enticing Brands is correct.
• 4.8. YOU INDEMNIFY AND HOLD HARMLESS ENTICING BRANDS AGAINST ANY ACTION RESULTING FROM ANY USE OF THE PORTAL OR YOUR ACCOUNT WHICH DOES NOT COMPLY WITH THE PROVISIONS OF THIS CLAUSE.
• 4.9. You agree and acknowledge that you will contact Enticing Brands immediately should you experience any unauthorised use of your Account details.

5. Services

• 5.1. We make the Entice Me Service available to Consumers and Suppliers to enable:
  • 5.1.1. Consumers to create requests for tailor-made experiences (services and/or products).
  • 5.1.2. Suppliers to receive these requests and choose to respond and choose what offers they are prepared to make to the Consumer.
  • 5.1.3. Consumers to then choose which offer received best matches their request and connect directly with such Supplier to make a booking.
• 5.2. Once a Consumer submits a request that fits the requirements of the service and/or products you supply, you will receive the relevant request (on email or through the Portal) and you will be able to contact the Consumer through the Portal with an offer of your choice.
• 5.3. Suppliers are under no obligation to respond to a request received from a Consumer and a Consumer will not be able to gauge which suppliers received the requests or which suppliers failed to respond.
• 5.4. Suppliers will only be able to communicate with Consumers through the Portal and will only be provided with the Consumer’s name once an offer has been accepted by a Consumer.

6. Supplier Profile

• 6.1. You will be able to create your own profile on the Portal with a link to your website and offering (services and/or products), your logo, contact details and relevant pictures and information. Consumers will be able to look at your profile before submitting requests.
• 6.2. Should you not wish to create your profile yourself, you may send us your relevant details and we will set up the profile for you. We will create the profile using only the information you provide, and we do not take responsibility for any mistakes, typographical errors or incorrect information that you provide. The look we create is in our sole discretion.
• 6.3. You confirm that the information you provide to Enticing Brands or upload to your profile is correct, and indemnify and hold harmless Enticing Brands, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney’s fees and related costs, made by any Consumer or third party and arising out of or in connection with the incompleteness or incorrectness of any information contained on your profile or any infringement or misuse of any person’s rights, including intellectual property rights, in relation to your profile.
• 6.4. We make every effort to display as accurately as possible the colours, features, specifications, and details of the information you provide. However, Enticing Brands does not guarantee that the colours, features, specifications, and details of information you provide will be accurate, complete, reliable, current, or free of other errors, and the Consumers’ and your electronic display may not accurately reflect the actual colours and details of the information provided. 

7. Disclaimer 

• 7.1. ENTICING BRANDS MERELY FACILITATES THE CONTACT BETWEEN THE CONSUMER AND THE SUPPLIER. THE AGREEMENT OF SALE IS ENTERED INTO BY THE CONSUMER AND THE SUPPLIER ONLY AND ENTICING BRANDS WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF A CONSUMER OR A SUPPLIER.
• 7.1. SUPPLIERS EXPRESSLY AGREE TO INDEMNIFY AND HOLD HARMLESS ENTICING BRANDS, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS, MADE BY ANY CONSUMER OR THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE SUPPLIER’S SERVICES AND/OR PRODUCTS OFFERED TO A CONSUMER OR THE SALE AGREEMENT ENTERED INTO BETWEEN THE SUPPLIER AND THE CONSUMER. 
• 7.2. No part of this agreement will constitute a stipulatio alteri (contract for the benefit of a third party) in favour of any person who is not a party to this agreement, unless stated otherwise.
• 7.3. ENTICING BRANDS DOES NOT MAKE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTEES (EXPRESS OR IMPLIED) WITH REFERENCE TO THE SERVICES EXCEPT SUCH AS ARE CONSISTENT WITH THESE TERMS OR AS ARE EXPRESSLY AUTHORISED BY ENTICING BRANDS IN WRITING.
• 7.4. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, BUT NOT LIMITED TO SERVICE AVAILABILITY, ACCURACY, USEFULLNESS, MERCHANTABILITY, COMPLETENESS, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS MAY BE ALLOWED IN LAW.
• 7.5. We will not be bound by any incorrect information regarding any Services displayed on any third-party websites.

8. Payment

• 8.1. It is free to sign up to use the Services and create an Account, but you agree to pay Enticing Brands a fee for each successful offer accepted by a Consumer. 
• 8.2. You will purchase prepaid vouchers in advance for the number of accepted offers per month. You will select the number of vouchers to purchase when you first open your Account.
• 8.3. You will be allowed to upgrade your monthly voucher amount at any time and will be charged the difference in fees pro-rata.
• 8.4. You will only by allowed to downgrade your monthly voucher amount twice annually from the date of sign-up to the Service.
• 8.5. Once an offer has been accepted by a Consumer, a voucher will be debited against your current total voucher amount on a declining balance basis during each calendar month.
• 8.6. Any over/under spend on the voucher amount will not be rolled over to the next calendar month, and no refunds will be given for unspent vouchers on termination of this agreement. 
• 8.7. You hereby accept and agree that Enticing Brands may debit your account or Visa/Mastercard with the monthly voucher amount you select from time to time (subject to the maximum allowable amount) at the beginning of each month or on a date other than you specified without your express consent should this be required. 
• 8.8. You authorise Enticing Brands’ nominated agent to debit your nominated bank account or Visa/Mastercard on Enticing Brands’ behalf.  This debit authority will remain in force until the Service is cancelled by you or Enticing Brands or upon a change of the debit authority mandate, subject to the condition that you agree that debits related to cancellation notice periods will be honoured before the expiration of the debit authority. If there are insufficient funds in the nominated account to meet the monthly payment due, you agree that Enticing Brands is entitled to track your account and present the instruction for payment as soon as sufficient funds are available.
• 8.9. Should your vouchers be depleted during the course of the month, you will be able to purchase top-up vouchers at a higher amount per voucher. These vouchers will be valid for the remainder of that calendar month. 
• 8.10. All payments must be made in South African rands (ZAR). 
• 8.11. We may also, at our sole discretion, accept the following forms of payment: Payfast, Mastercard, Visa, EFT, Masterpass, SnapScan, Zapper. Use of these payment services may be subject to their own terms and conditions, which you agree to abide by.
• 8.12. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Portal. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
• 8.13. Once payment is made, it is deemed that you have read and understood these Terms so don’t make a purchase through the Portal unless you understand and agree to all the Terms and Conditions. 
• 8.14. If you pay using the payment options available, you authorise Enticing Brands and certain third-party service providers, to receive, store and encrypt your payment information. 

9. Ratings and Reviews

• 9.1. Both Consumers and Suppliers may be able to leave ratings or reviews on the Portal. When posting a rating or review (“Posts”), you must comply with the following criteria:
  • 9.1.1. you should have first-hand experience with the person/entity being rated or reviewed;
  • 9.1.2. you may not post any false or misleading Posts;
  • 9.1.3. you may not post any Posts with the intention to deceive someone; and
  • 9.1.4. you may not organise a campaign encouraging others to submit any Posts, whether positive or negative.
• 9.1. You may not publish, display or transmit any content on the Portal that Enticing Brands reasonably believes:
  • 9.1.1. constitutes pornography or is otherwise obscene, sexually explicit or morally repugnant;
  • 9.1.2. is excessively violent, incites violence, threatens violence, or contains hate speech;
  • 9.1.3. is unfair or deceptive under the consumer protection laws of any jurisdiction;
  • 9.1.4. encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • 9.1.5. defames, abuses, harasses, stalks, threatens or violates the legal rights (such as rights of privacy) of others;
  • 9.1.6. creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • 9.1.7. improperly exposes trade secrets or other confidential or proprietary information of another person;
  • 9.1.8. clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
  • 9.1.9. promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • 9.1.10. is discriminatory in any way, including, but not limited to, by way of sexual orientation, race, culture, language, disability, or age discrimination;
  • 9.1.11. is a fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; or
  • 9.1.12. is otherwise illegal or solicits conduct that is illegal under laws applicable.

• 9.2. Any Posts you submit to the Portal will be considered non-confidential and non-proprietary. By providing any Posts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third-parties any such material.
• 9.3. You represent and warrant that:
  • 9.3.1. You own or control all rights in and to Posts;
  • 9.3.2. All of your Posts do and will comply with these Terms and Conditions; and
  • 9.3.3. You understand and acknowledge that you are responsible for any Posts you submit or contribute, and you, not Enticing Brands, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
• 9.4. We may accept, reject, or remove Posts in our sole discretion. We have absolutely no obligation to screen Posts or to delete Posts, even if someone considers Posts objectionable or inaccurate. Posts are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
• 9.5. Enticing Brands are not responsible, or liable to any third-party, for the content or accuracy of any Website Contribution posted by you, any Consumer or any other user of the Website or any claims, liabilities, or losses resulting from any Website Contributions. 
• 9.6. YOU AGREE AND UNDERTAKE TO INDEMNIFY AND HOLD HARMLESS ENTICING BRANDS, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY CLAIM, DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS, MADE BY YOU, ANY CONSUMER OR THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH ANY POSTS.

10. Supplier Acceptable Conduct Policy

• 10.1. The provisions of this policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the internet community, whether or not expressly mentioned in this policy, is prohibited. We reserve the right at all times to prohibit activities that may damage our commercial reputation and goodwill.
• 10.2. You agree not to use the Portal or the Services:
  • 10.2.1. To post, upload or share any misleading or false information or offers relating to your services and/or products or prices;
  • 10.2.2. To contact any Consumer directly before acceptance of an offer;
  • 10.2.3. To use any information obtained from the Website in order to harass, abuse, or harm another person;
  • 10.2.4. To send, receive, upload, download, use or re-use any material which does not comply with these Terms and Conditions;
  • 10.2.5. In any way that violates any applicable law or regulation;
  • 10.2.6. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • 10.2.7. To impersonate or attempt to impersonate any person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
  • 10.2.8. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal or the Services, or which, as determined by us, may harm Enticing Brands or users of the Portal or Services or expose them to liability.
• 10.3. In addition to the above, you further agree not to:
  • 10.3.1. Terminate this agreement and sign-up again to avoid the voucher downgrade limitation set out in these Terms and Conditions;
  • 10.3.2. Use the Portal or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Portal or Services, including their ability to engage in real time activities through the Portal;
  • 10.3.3. Use any robot, spider or other automatic device, process or means to access the Portal for any purpose, including monitoring or copying any of the material on the Portal;
  • 10.3.4. Use any manual process to monitor or copy any of the material on the Portal or for any other unauthorised purpose without our prior written consent;
  • 10.3.5. Use any device, software or routine that interferes with the proper working of the Portal or Services;
  • 10.3.6. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful to the Portal;
  • 10.3.7. Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Portal, the server on which the Website is stored, or any server, computer or database connected to the Website; 
  • 10.3.8. Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack; or
  • 10.3.9. Otherwise attempt to interfere with the proper working of the Portal or Services. 

11. Complaints Procedure

• 11.1. Any complaints relating to the violation of these Terms and Conditions or relating to the use of the Portal or Services should be submitted in writing to lenny@enticeme.mobi.  
• 11.2. Complaints must be substantiated, and unambiguously state the nature of the problem.
• 11.3. We reserve the right to consider and action any complaints at our sole discretion.

12. Intellectual Property 

• 12.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in the Portal or the Services are owned by Enticing Brands, which asserts and reserves all of its rights in this regard. Access to or use of the Portal or the Services will not in any way result in an assignment or license of any intellectual property owned by Enticing Brands or any other party.
• 12.2. The contents of the Portal may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Enticing Brands. However, Enticing Brands permits you to display the content of the Portal or the Services on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on this Website provided that: 
  • 12.2.1. you do not modify the content of this material;
  • 12.2.2. Enticing Brands’ Website or Portal is the acknowledged source; and
  • 12.2.3. this permission may be revoked at any time by Enticing Brands.
  • 12.3. No other use of the Portal or the Services is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Portal or the Services, include the content of the Portal or the Services in or with any product that you create or distribute, or copy the content of the Portal or the Services onto your own or another’s website, unless as set out in these Terms and Conditions.

13. LIMITATION OF LIABILITY AND INDEMNITY

• 13.1. DESPITE ANY ASSISTANCE PROVIDED BY ENTICING BRANDS TO SUPPLIERS OR CONSUMERS TO ENABLE THE PARTIES TO ENTER INTO A SALE AGREEMENT, ENTICING BRANDS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OCCASIONED FROM THE USE OR INABILITY TO USE THE SERVICE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND ENTICING BRANDS HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME. CONSEQUENTIAL AND INDIRECT LOSS AND DAMAGE WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, AND WASTED EXPENDITURE.
• 13.2. SUPPLIERS AGREE TO INDEMNIFY AND HOLD HARMLESS ENTICING BRANDS, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS, MADE BY ANY CONSUMER OR THIRD-PARTY AND ARISING OUT OF OR IN CONNECTION WITH THE SUPPLIER’S USE OF OR ACCESS TO THE SERVICE. 

14. Termination & Breach

• 14.1. Should the Supplier breach these Terms and Conditions, and specifically the Supplier acceptable conduct policy, Enticing Brands may at its sole instance:
  • 14.1.1. Deny the Supplier access to its Account and the Services until such time as the breach is remedied, or
  • 14.1.2. Terminate this agreement and the provision of the Services immediately.

15. Electronic Communications

• 15.1. By visiting the Website, sending us emails, completing online forms or using the Services, you consent to receive electronic communications from us. 

16. Personal information

• 16.1. YOU HEREBY EXPRESSLY AGREE THAT ENTICING BRANDS MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE ENTERED IN CREATING YOUR ACCOUNT OR USING THE SERVICES AVAILABLE ON THE PORTAL ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN THE PRIVACY POLICY AVAILABLE .

17. Use of Mobile Application

• 17.1. If you are accessing the Services through the use of a mobile application (“App”), the terms set out in this clause will apply.
• 17.2. You will probably download this App to your mobile device (“Device”) from a third-party mobile app store (the “Store”). This agreement and your use of the App are both subject to any conditions imposed on you from time to time by the Store in accessing and downloading the App.
• 17.3. We may release new versions of the App from time to time. You should download the new version in order to continue to make use of the Service, and you understand that the Service may not be provided as intended should you not be using the latest version.
• 17.4. Licence
  • 17.4.1. We grant to you a free, non-transferable licence to use the App on any Device that you own or control for the sole purpose of accessing the Service. If the Store that you download the App from is operated by Apple Inc., then the license is limited to use the App on an iPhone, iPod Touch, iPad or other Apple Device using a version of the iOS operating system as permitted by the Apple App Store Terms of Service.
  • 17.4.2. This license does not allow you to use the App on any Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules as set out in the Apple App Store Terms of Service), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of our rights and the rights of our licensors.
• 17.5. Third-Party Content and Services
  • 17.5.1. The App may allow access to websites or other applications owned and / or operated by third-parties. We are not responsible for the content from such sources, and do not endorse or approve the contents thereof. 
  • 17.5.2. You agree to use the App at your sole risk in this regard and we consequently are not responsible for and do not accept any liability in connection with any third party material that may be accessible via the App (regardless of whether or not we have permitted access to the material). 
  • 17.5.3. If you access such material you undertake not to infringe any intellectual property rights relating to it, whether by making reproductions, derivative works or otherwise.
  • 17.5.4. You must also comply with applicable third-party terms of agreement when using this App.
• 17.6. Relationship with the Apple iStore
  • 17.6.1. This clause only applies to you if the Store that you download the App from is operated by Apple Inc.
  • 17.6.2. Both parties acknowledge that this agreement is entered into between them only, and that Apple Inc. is not a party to it. The Store is not responsible for the App or its content, and is not responsible for any support and maintenance of the App.
  • 17.6.3. In the event of a failure of the App to conform to an applicable warranty, you may notify the Store, which may refund the App licence fee to you (if one was paid). To the maximum extent permitted by applicable law, the Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility (subject to the other provisions of this agreement).
  • 17.6.4. Both parties acknowledge that we, and not the Store, are responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • 17.6.5. Both parties acknowledge that if there is any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, we, and not the Store, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  • 17.6.6. Both parties acknowledge and agree that this agreement operates as a contract for the benefit of a third party in favour of the Store and its subsidiaries, insofar as the provisions of this agreement create rights in favour of the Store. The Store will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third-party beneficiary thereof. 
  • 17.6.7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18. Jurisdiction

• 18.1. These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Enticing Brands both agree to submit any dispute arising out of the use of the Portal or the Services to the exclusive jurisdiction of the courts of the Republic of South Africa.

19. General

• 19.1. These Terms and Conditions contain the record of the entire agreement between you and Enticing Brands in respect of the in respect of access to and use of the Services.
• 19.2. The addresses where you will accept service of any notices or other communications under this Terms and Conditions is as per the information that you provide to us when registering your Account.
• 19.3. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
• 19.4. Enticing Brands’ omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by Enticing Brands in writing.
• 19.5. If the whole or any part of a provision of these Terms and Conditions is void or voidable by either party or unenforceable or illegal, the whole or that part (as the case may be) of that provision, must be severed, and the remainder of the Terms and Conditions will have full force and effect, provided such severance does not alter the nature of the Agreement between the parties.

20. Queries

• 20.1. If you have any queries about these Terms and Conditions, please contact Enticing Brands by emailing lenny@enticeme.mobi.