Terms and conditions

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Introduction

This website is owned and controlled by The Company, as governed by the legislature of the Republic of South Africa. The Company will always strive to make information represented herein legible, comprehensive and lawful. Should any Website User find evidence of missed opportunities, he/she may contact The Company by completing the contact form on the contact page of the website.

Preamble

Definitions

Customer care: The representatives nominated by CAFB, to assist a website user with any query submitted via any available communication channel, including this website.
Competition: A promotional competition facilitated by The Company, either as a sole party or in partnership with one or more other organisations.
Coupon codes: codes comprising alphanumeric characters, associated with a specific campaign, offer or benefit for a website user.
Dispute: A disagreement owing to omitted or miscommunicated information between The Company and a third party, including but not limited to website users.
Entrants: All eligible parties participating in a promotional competition, as facilitated by The Company.
Prize: A reward defined by the facilitators of a promotional competition, which may include but not be limited to The Company.
Self-service: The act of a website user navigating the website to serve his/her desired purpose, including but not limited to content consumption, subscriptions, contacting The Company and/or purchases.
The Company: Perana Viosa (Pty.) Ltd, Registration Number: 2013/163330/07, Registered Owner of the Creative Angels Fashion Benefit™.
Website User: Any individual or technological presence, representing a natural person or organisation, making use of this website, including but not limited to the purposes of research, citations, skills development, content consumption, subscription, contacting The Company and/or making purchases.

Updates

The Company reserves all rights to update these terms and conditions at any time, without prior notice to Website Users. Once changes have taken effect, wherever said changes are lawfully required to be communicated to subscribed audiences, The Company shall strive to release at least two (2) forms of communication in this regard, in an attempt to reach said audiences. Members of said audiences are responsible for reviewing updates, and may opt out of marketing-related communications at any time. The Company may from time to time, release important information with regards to eCommerce Website Users with registered accounts falling within The Company’s eCommerce structures.

Website user guidelines

Website Users are required to abide by all applicable domestic and international laws at all times while perusing The Company’s website and any related information and/or documents obtained through it. If at any time a Website User gives The Company cause to believe that unlawful conduct has occurred, involving The Company and/or any of The Company’s assets, The Company reserves the right to report such matters to the appropriate law enforcement authorities for further investigation. This may include using advanced technology to prevent the Website User from accessing The Company’s website and/or any assets until such time that any investigation has concluded. Findings which confirm any unlawful conduct on the part of the Website User may result in the Website User being permanently prohibited from accessing The Company’s website and/or assets.

Copyright and intellectual property

The Creative Angels Fashion Benefit is a registered trademark. A total of three registered trademarks comprising the Creative Angels Fashion Benefit form the property of The Megabrain Trust (a registered organisation). Perana Viosa (Pty.) Ltd., through legal agreement, is the registered owner of the trademarks used in the trading operation. All media featured on this website are the intellectual property of The Company and, as such, are governed by international copyright laws.

Any entity, other than those in legal agreement with The Company, profiting from the sale, distribution and/or representation of this website’s content must produce written proof of permission to do so by any featured third parties, alternatively risk facing legal action. The Company’s primary mission is to promote local businesses with integrity, and any third parties or Website Users compromising or jeopardising this will be engaged accordingly.

Governing law

The Company, being registered in the Republic of South Africa, is governed primarily by all South African legislature. In transactions where the Website User makes a monetary purchase of a product/service through this website, the consumer laws of the Website User’s destination will apply. The Company, not being formally trained in the nuances of consumer laws across all sovereign states, reserves the right to seek counsel in any dispute where legal structures cannot clearly be defined and/or applied. Should this be unacceptable to The Website User, he/she must cease use of this website immediately.

Warranty disclaimer

The Company currently offers no warranty or guarantee on its products, outside of those provided for in the Consumer Protection Act No. 68 of 2008. The Company will always strive to deliver on its promises and advertised product/service features however cannot control acts of God such as natural disasters and uncontrollable, unpredictable circumstances. The Company will always strive to communicate with customers and Website Users (where possible and within the scope and ambit of legal frameworks) in this regard, pertaining to both halting, resuming and change of plans, products and/or services.

Limited liability

As a registered private company in the Republic of South Africa, The Company’s liability for the actions of Website Users and/or customers is legally limited. Duties and responsibilities of The Company are outlined in The Companies Act No. 71 of 2008, which may be referred to at any time. Should any Website User have reasonable cause to believe that a Company Director and/or Public Officer is in breach of his/her duty, the Website User is responsible for informing The Company, and thereby offering The Company the legal right to reply.

Security

The Company’s security measures and processes consider:

Physical security;
Computer and network security;
Access to personal information;
Secure communications;
Security in contracting out activities or functions;
Retention and disposal of information;
Acceptable usage of personal information;
Governance and regulatory issues;
Monitoring access and usage of private information;
Investigating and reacting to security incidents.

The Company maintains every effort to screen and vet third-party contractors for the purposes of its business operation, including but not limited to holding on-site records at company events, with staff and delegate indemnity, release and health and safety forms and/or other documentation. This security measure is intended to, in the event of any emergency, prepare authorities and/or first responders with important information which may be needed to treat such individuals on site.

The Company limits what personal information is shared with third parties, based on only essential requirements for any work to be undertaken in delivering products and/or services.

CAFB 2019 Terms and Conditions

Coupon applied for ticket purchases to the #CAFB2019 fashion show are limited to self-service purchases only. Any ticket orders placed through customer care do not guarantee customers discounts due to administration costs incurred by The Company.

Competitions

In compliance with the Consumer Protection Act No. 68 of 2008, the following information outlines the terms and conditions pertaining to all active and/or recently concluded (within the previous three years) promotional competitions as facilitated by The Company:

Win a 12-month Model Training Programme or 12-month Business Development Programme

This competition is governed within the scope of the law of the Republic of South Africa, with disputes will be subject to the non-exclusive jurisdiction of the Cape Town Magistrates Court, Cape Town. This competition shall be conducted in accordance with the provisions of section 36, read with Regulation 11 of the Consumer Protection Act No. 68 of 2008.

Entrants are entitled to participate in this competition if they are natural persons who are at least 16 years old and can verify this by producing a valid identity document or residency permit (for non-South African citizens). Every guest at the CAFB 2019 Rainbow Nation Fashion Show will be invited to enter his/her name in a separate box in the event foyer, should he/she like to stand a chance to win either prize. No one is permitted to enter another person’s name into the competition.

This promotional competition is facilitated solely by The Company, and the two individual prize draws will be from individual entries collected at the entrance to the event venue on the selected date of the CAFB 2019 Rainbow Nation Fashion Show. The Company reserves the right to offer its products as prizes, and such prizes are subject to The Company’s product developments over time.

The price of the memberships as published online is priced at R4 000 and R7 500, if paid upfront, however the total value of the prizes exceed R12 000 and R20 000 respectively. The prize vouchers are valid until 26 January 2020. Failure to activate membership in the stipulated time frame will result in the prize being forfeit.

In order to win, the entrant must be present within the venue at the CAFB 2019 fashion show at the time of the draw. The entrant, upon winning, must be willing to sign all paperwork and agreements provided by CAFB and an addendum will be created to waiver the registration fee involved.

The prizes are transferable but not negotiable, and the prize winners must be able to verify their new prize recipients upon redemption of the vouchers. Only the programme tuition fee is covered by the prize vouchers; all other fee related programme requirements will apply (see Code of Conduct).

Exclusion: Directors, members, partners, employees, agents of, or consultants to the event and/or its subsidiaries including The Company, employees, their promotional partners and printers, their advertising and promotional agencies, suppliers of goods or services in connection with this competition or any other person who directly or indirectly controls or is controlled by The Company and/or the promoter or marketing service providers in respect of this competition, or any of the aforementioned persons’ immediate family, including spouses, life partners, parents, children and siblings, business partners, or associates of a director, employee or agent of, a consultant to the promoter are not eligible to participate or enter this competition.

By participating in this competition, Entrants agree to be bound by all of the Competition Rules, Terms, and Conditions set out above, without exception. Upon entering the competition, Entrants are added to the respective Brand’s fan database and will receive notification emails related to marketing material. This clause is subject to the provisions of the Protection of Personal Information Act (Act no 4 of 2013) and by entering this competition, you hereby grant permission in terms of said Act.

Entrants consent that they have read and accepted the Terms & Conditions by actively entering the competition.

COVID-19 Terms and Conditions Update:

As The Company has paused its physical operation, the validity of prize vouchers is hereby extended to end on the 26th of October 2022, and prize winners may redeem their vouchers for either newly digitised programmes or choose to redeem the vouchers at any time within this period, should physical operations resume and in-person training be revived. The prize vouchers remain transferable but not negotiable.

Links to Acts that apply:

https://www.gov.za/documents/consumer-protection-act

https://www.gov.za/documents/constitution/chapter-2-bill-rights#36

https://www.gov.za/documents/protection-personal-information-act

Win eight Clarity Coaching Sessions with Charlotte Haggie, Clarity Coach

Entrants are entitled to participate in this competition if they are natural persons who are at least 18 years old and can verify this by producing a valid identity document or residency permit (for non-South African citizens). Every guest at the CAFB 2019 Rainbow Nation Fashion Show will be entered into the prize draw through deposit of ticket stubs into an opaque box, from which it will be drawn during the live programme.

This promotional competition is facilitated solely by Charlotte Haggie, Clarity Coach, and is subject to the following terms and conditions:

The voucher provided by Charlotte Haggie, Clarity Coach as a prize towards this event is to be redeemed within six months of the date of the event (being 26 October 2019).
The voucher entitles the winner to eight one on one coaching sessions the time and venue of which will be decided upon between the client and the coach.
The winner agrees to the following terms and conditions provided in the coaching contract between the coach and client as below:

Objective of Coaching Services

The objective of the coaching services is to enable the client to identify personal and/or business goals, develop strategies and action plans intended to achieve such goals, and monitor progress towards implementation of the action plans.

The Nature of Coaching

The client is aware that the coaching relationship is not psychological counselling or any kind of therapy. Coaching does not treat illness or pathology. The coaching relationship is designed and defined by each respective client and the coach, and the relationship is based on the expressed goals, interests and objectives of that client. The coach will use discussion and questions to assist each client to identify personal and/or business goals, develop strategies and action plans intended to achieve such goals, and monitor progress towards implementation of the action plans. The coach and client are also aware that coaching results cannot be guaranteed. The client and coach acknowledge and agree that they are entering into coaching in the full understanding that the client is responsible for their own decisions and results.

Primary Focus of Coaching Sessions

The client is free to discuss any area of life or business with the coach. The primary focus of the sessions will be contracted up-front by client and the coach. The client and the coach acknowledge that deciding how to handle these issues and implement these choices is exclusively the responsibility of the client.

Confidentiality

The client and coach agree that all business-related information disclosed during the coaching sessions will be treated as confidential, and will not be shared with any persons outside of the coaching relationship without the client’s prior consent.

Length of Coaching Relationship

The agreed length of this coaching relationship is for eight sessions with the client, after which the client and the coach will review the relationship and re-contract, if required. The length of each coaching session will be approximately 1 hour.

Location

The location of all coaching sessions shall be agreed upon in advance by the client and the coach.

Fee charged

The coach agrees to offer the client eight coaching sessions free of charge. Any sessions required after this contract will be carried out at a fee of R550 per hour or R4000 for eight sessions paid upfront.

Cancellation

Communication regarding cancellation will be shared at least 24 hours in advance. Sessions cancelled by client on less than 24 hours’ notice will be forfeited by the client. The coach will make every effort to reschedule with the client.

Exit and Review Of Coaching Relationship

The client agrees to have a conversation with the coach regarding the decision of that client to exit the coaching relationship prior to completion of the contracted term, and to review the learning and changes that have taken place. The client remains responsible for any payment of the sessions conducted up to and including this review session.

Waiver

The client agrees to indemnify the coach from all liability for any actions or adverse situations created as a direct or indirect result of the coaching process, or of a referral or other advice given by the coach. The client acknowledges and agrees that in the course of the coaching services the coach may ask questions which may be personal or challenging. The client waives and releases any claims arising or resulting from such questions, actions or services, except in respect of a breach by the coach of his/her obligations regarding confidentiality of the sessions as outlined under the heading ‘Confidentiality’.

The Role of The Coach Is To:

be a thinking partner, walking alongside the client on this learning journey
ask questions that result in the client identifying new ways of thinking and exploring new approaches and options
create a safe space that encourages exploration and openness, a space of non-judgement
be honest and strive to work with integrity
communicate openly, sharing and reflecting back observations
make explicit any observations or issues that are more appropriately and ideally explored by another intervention, eg. counsellor/therapist
hold the focus of the sessions in line with the SMART goals that the client sets for her/himself

The Role of The Client Is To:

own their learning process
be committed to implement the changes that coaching will bring
be committed to spending time in reflection, and to put their reflections and learnings in writing for future reference
own the decisions made
be accountable to self
be honest with self
hold an understanding that adult learning is a process and involves change
provide feedback to the coach at the completion of the coaching programme

This contract will be signed by both coach and client at the beginning of the coaching relationship.