OBC Legal notices
Welcome to the home webpage of OBC Group (Pty) Ltd
- 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.
1. GENERAL INFORMATION
For your convenience, we have listed below some general information about ourselves:
- "We" are OBC Group (Pty) Ltd, and "us" and "our" have a corresponding meaning herein.
- We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 2000/022255/07.
- Our physical address is at 1158 Louwlardia Drive, Louwlardia, Centurion, Gauteng 1683 and we will accept service of all legal documents there;
- Our telephone and facscimile numbers are Tel: 0861 622 662 and our Fax: 086 665 0047
- Our webmaster can be contacted at email@example.com.
- Products means any goods or other products that are made available by us via this web site;
- We, us and our means OBC Group (Pty) Ltd (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
- You mean the user of this web site or mobi site;
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;
3. GENERAL CONDITIONS OF USE FOR THIS WEB OR MOBI SITE
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
- 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 Client Information Processing Policy.
- 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.
4. COMPLAINTS AND GENERAL
- We aim to provide you with a quality service. If, however, you feel that you have cause to complain, 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 complaint:
- Your full names, physical address, telephone number and email address;
- The location and description of the service feature or transaction which is the cause of your complaint;
- The problem with the service or transaction or rights that you allege to be infringed by such feature or component;
- The actions you would like us to take to remedy the problem;
- A statement confirming that you are making the complaint in good faith;
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct;
- Please incorporate your signature into the complaint.
- 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.
- 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.
- 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.
- We will try to ensure that sensitive payment information (such as your credit card details) 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.
- 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.
Type of Information The Website Collects
The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you enter any competition, complete a survey, make a purchase or register for any portion of our services, you are asked to provide information such as your e-mail address, name or phone number. Optional information such as your age and gender may also be requested.
Our servers may also automatically collect information about your computer when you visit the Website, including without limitation the type of browser software you use, the operating system you are running, the Website that referred you, and your Internet Protocol address.
How The Information Is Used
The personally identifying information you supply through the Website is used to provide you with the service you have requested, to respond to your inquiries or in other ways naturally associated with the circumstances in which you provided the information. For example, we may use your e-mail address to send you a confirmation notice. We may also use the information to communicate with you about new features, products or services, and/or to improve the services that we offer by tailoring them to your needs. You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies.
We reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including without limitation to help diagnose problems with our servers, to gather broad demographic information and to otherwise administer our Website.
While your personally identifiable information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analysing usage trends and seeking compatible advertisers and partners.
In addition, as our business changes, we may buy or sell various assets. In the event all or a portion of the assets owned or controlled by OBC, its parent or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, the information from and/or about our Website users may be among the transferred assets.
A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use our computer server. The cookies enable us to recognise you and give us information about your previous visits. We learn which advertisements bring users to our Website. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of our Website. The information that we collect and may share with our advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.
Mobile Device Identifiers
Certain mobile service providers uniquely identify mobile devices and we or our third-party service providers may receive such device information if you access the Website through mobile devices. Certain features of our Website may require collection of mobile phone numbers, and we may associate that phone number to mobile device identification information. Additionally, some mobile phone service providers operate systems that pinpoint the physical location of devices that use their service. Depending on the provider, we or our third-party service providers may receive this information.
An embedded script is a programming code that is designed to collect information about your interactions with the Website, such as the links you click on. The code is temporarily downloaded onto your computer from our web server or a third-party service provider, is active only while you are connected to the Website, and is deactivated or deleted thereafter.
Information collected through passive means may be non-identifying or may be associated with you. If the latter, it will be treated as personally identifiable information.
Information You Provide About A Third Party
If you send someone else a communication from the Website, such as sending Website content to a friend, the information you provide (names, e-mail addresses etc.) is used to facilitate the communication and is not used for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Website, your e-mail address may be included in the communication sent to your friend.
Information Provided By Third Parties About You
Information Security And Notification
Because no data transmission over the internet is completely secure, and no system of physical or electronic security is impenetrable, OBCcannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Website you agree to assume all risk in connection with the information sent to us or collected by us when you use the Website. In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, provided that we have your e-mail address.
Other Links / Sites
Our Website may link to or contain links to other third party Websites that we do not control or maintain. We are not responsible for the privacy practices employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all third party Websites before submitting any personally identifiable info.
These terms and conditions apply to the e-mail communication, attachments and all subsequent communications and attachments OBC Distribution Centre (Pty) Ltd with registration: 2004/001224/07,Biz Afrika 1041 (Pty) Ltd with registration: 2000/012235/07 and OBC Group (Pty) ltd with registration: 2000/022255/07 and its subsidiaries (hereinafter “OBC”) may send you.
The OBC expressly contracts outs of section 22 to 26 of the Electronic Communications and Transactions Act 25 of 2002. No electronic communication including any data messages such as an email or SMS, sent or received will give rise to a binding legal transaction. All legal transactions which are to be entered into with the OBC must be concluded in accordance with the OBC’s standard contract policy and signed by an authorised OBC representative set out under the OBC’s signing powers conditions. No warranties are created or implied that an employee of OBC and/or a contractor, sister or associated company of OBC is authorized to create and send this e-mail.
This email message (including attachments) contains information which may be confidential and/or legally privileged. Unless you are the intended recipient, you may not use, copy or disclose to anyone the message or any information contained in the message or from any attachments that were sent with this email, and If you have received this email message in error, please advise the sender by email, and delete the message. Unauthorised disclosure and/or use of information contained in this email may result in civil and criminal liability. Everything in this e-mail and attachments relating to the official business of OBC and it's sister and associated companies, is proprietary to the OBC. The e-mail address of the sender may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing purposes without the prior consent of OBC.
Caution should be observed in placing any reliance upon any information contained in this e-mail, which is not intended to be a representation or inducement to make any decision in relation to OBC. Any decision taken based on the information provided in this e-mail, should only be made after consultation with appropriate legal, regulatory, tax, technical, business, investment, financial, and accounting advisors.
Neither the sender of the e-mail, nor OBC shall be liable to any party for any direct, indirect or consequential damages, including, without limitation, loss of profit, interruption of business or loss of information, data or software or otherwise. OBC are not liable for any harm or loss resulting from malicious software code or viruses in this e-mail or its attachments, including data corruption resulting there from.
E-mails sent to OBC will only be regarded as having been received by us once we expressly acknowledged receipt thereof. We will be deemed to have sent an e-mail once reflected as sent on our e-mail server.
If this communication contains offensive, derogatory or defamatory statements or materials, it means the message has been sent outside the sender's scope of employment with OBC and only the sender can be held liable in his/her personal capacity.
In the event that the recipient responds to this email communication by sending a replying email which contains information or attachments, OBC respects that this replying email will contain personal information, which belongs to you and others in your company and the OBC agrees to adhere to the provisions of the Protection of Personal Information Act 4 of 2003 (hereinafter “POPI”) in relation to this information. By sending this email, you expressly give OBC consent to process the personal information, which will be done in accordance with POPI.
These terms and conditions and competition rules contain certain terms and conditions which appear in similar text style to this clause and which:
- The promoter of this competition is OBC Group (Pty) Ltd (registration number: 2000/002255/07) and it OBC Franchise stores located throughout South Africa (“OBC” and/or “promoter”) and having its registered address at 1158 Louwlardia Drive, Louwlardia, Brakfontein Road, Centurion.
- All persons entering the OBC SCRATCH AND WIN COMPETITION ("the competition ") ("the participants" and/or “You”) agree that the competition rules as set out in these terms and conditions are binding on them.
- The promotional competition is open to all South African residents of any age, except any director, member, partner, employee, agent or consultant of the OBC, 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. The entrant cannot be a juristic entity and must be an individual.
- Any participant under the age of 18 years must be fully assisted by his/her legal guardian, who approves of and consents to the participant's participation in the competition and the participant's receipt/possession of the prize. All participants must be in possession of a valid identity document.
- This promotional competition is open from 08:00am on the 25/10/2018 and ends on the date when all prizes have been won by participants (hereinafter “competition period”). Any entries received after the closing date will not be considered.
- The participant acknowledges that by submitting his or her entry to the competition he/she has been given an appropriate opportunity to first read these terms and conditions before entering and that he/she understands and agrees to the terms and conditions.
- The Prizes (hereinafter “Prizes”) that participants may stand a chance to win in the competition are as follows:
- Defy Fridge
- Kiddies plastic scoters
- R250.00 (two hundred and fifty rand) OBC instore vouchers
- R2.00 (two rand) airtime voucher
- R5.00 (five rand) airtime voucher
- OBC baked beans
- 2lt OBC oil
- 2kg OBC rice
- 2lt OBC cold drinks
- 2kg OBC IQF
- To Enter, participants will be required to:
- Shop and purchase any products at any of the OBC outlets throughout South Africa, during the competition period to value of R450.00 (four hundred and fifty rand) and up and you will receive 1 (one) scratch card per purchase.
- To play, participants must scratch a single latex panel on the scratch card to reveal a Prize. The Prizes to be collected from OBC or from the OBC franchise store.
- All Prizes must be claimed within 60 days from end date of the competition.
- The Prizes cannot be used in conjunction with any other offer, discount or promotion.
- All Prizes are non-transferable, only the winning participant will be awarded the corresponding Prize or Saving.
- Third party Terms and Conditions and warranties apply to Prizes, where applicable.
- Before a Prize can be awarded on any Scratch Card, it may be subject to validation by the Promoter. The Promoter shall declare a Scratch Card invalid, and accordingly shall not award a Prize or Saving, if:
- The Scratch Card is counterfeit or has been forged in whole or in part.
- The Scratch Card is not redeemed by the deadline specified.
- The Promoter believes that the Scratch Card has been submitted by a person ineligible to participate in the Promotion, as listed in these Terms and Conditions.
- The Scratch Card is not fully legible or is mutilated, altered, unreadable, and incomplete or has been tampered with in any manner.
- The Promoter reasonably believes that the Scratch Card has not been obtained in an authorised manner.
- The Participant presents more than 1 winning Scratch Card.
- A valid Scratch Card shall be the only valid instrument for claiming a Prize or Saving, all serial numbers will be cross checked and logged by the Promoter.
- The Promoter reserves the right to substitute the Prizes (or any part of the Prizes) for a Prize or Prizes of equivalent or greater monetary value if this is necessary for reasons beyond its reasonable control. The Promoter may also substitute the Savings for a gift of equivalent or greater monetary value. There is no cash alternative to the Prizes (or any part of the Prizes) or the Savings and unless the Promoter agrees otherwise in writing.
- The winner will be required to provide their name, ID numbers, a copy of their identity document and till slip and to sign an acknowledgment of receipt of the prize. If the winner has a guardian, the guardian will be required to provide the above mentioned documents.
- The winning participant will take a picture in-store (clear OBC branding to appear in the image) with the store manager, which will be uploaded to OBC Facebook page and various social media sites.
- The Promoter reserves the right to use the winners images taken from the photo shoot on either, print, out of home,any Social media site, digital, YouTube or any other advertising medium for publicity purposes in any manner they deem fit (within any social media platform), excluding TV. No remuneration shall be made payable to the winner. However, the winner has the right to object to these images being used by written notification to the Promoter.
- The Promoter shall have the right to change or terminate the promotional competition immediately and without notice. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against the Promoter or its agents.
- Neither the Promoter, its agents, its 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.
- The Promoter reserves the right to disqualify any claim if fraud or cheating is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and the participants acknowledge that they are providing information to the Promoter and its agents only and not to Facebook.
- All participants in this Competition release Facebook or any other social media platform in which this competition is advertised, from all liabilities and claims arising out of or in connection with this competition and these terms and conditions. This Competition is in no way sponsored, endorsed or administered by, or associated with Facebook. In entering this Competition the participants are providing information to the promoter and not to Facebook.
- The Promoter assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever. The Promoter is not liable for any technical failures affecting participation in the competition.
- The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
- This Promotion, and any dispute or claim arising out of or in connection with (including the prize), shall be governed by and construed in accordance with South Africa law.
- 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:
- The prizes on offer;
- The steps required to participate;
- The basis for determining the winners;
- The closing date;
- How the winners will be made known;
- Where, when and from whom prizes are to be claimed;
- The address of the web pages where the competition rules and these terms can be obtained.
- 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.
- 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.
- The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
- 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.
- 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.
- The judge’s decision will be final. We will not enter into correspondence.
- All entrants' information will be used only in accordance with our Client Information Processing Policy.
- Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
- Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
- We reserve the right not to award a prize in any situation where it would be unlawful to do so.
- Multiple winners may be subject to tie-break to decide an outright winner.
- We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
- Your name and place of residence may be published when winners are announced.
- 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.
- No cash alternative is available to any prize unless expressly stated otherwise.
- 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.
- 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.
- Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
- 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.
- 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.
Promotion of Access to Information Act Manual
REQUEST FOR ACCESS TO RECORDS
THE MANUAL HAS BEEN PREPARED FOR OBC GROUP (PTY) LTD (HEREINAFTER “OBC”) IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO.2 OF 2000 FOR A PRIVATE BODY
TABLE OF CONTENTS
- Intrepretations and definitions
- Company Overview
- Contact details of Information Officer
- The Guide
- Access to records held by OBC in terms of section 52 of the Act;
- Access to records in accordance with such other legislation as is applicable to OBC;
- Access to Operation Information records that may be requested;
- Procedure and costs on how to request access to the records.
- Prescribed forms and fee structure in respect of private bodies
- Availability of the manual
Intrepretations and definitions
|The following words or expressions will bear the following meanings in this Manual:|
|"the Act"||Means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;|
|"OBC"||Means OBC GROUP (PTY) LTD, a profit company, with registration number: 2000/022255/07 duly registered and incorporated in accordance with the company laws of the Republic of South Africa;|
|"Information Officer"||Means this Manual, together with all annexures thereto as amended and made available at the offices of OBC from time to time;|
|"SAHRC"||Means the South African Human Rights Commission.|
The aim of the Manual is to assist potential requesters in requesting access to information (documents or records) from OBC as contemplated under the Act.
The Manual may be amended from time to time and as soon as any amendments have been effected, the latest version of the Manual will be published and distributed in accordance with the Act.
A requester is invited to contact the information officer should he or she require any assistance in respect of the use or content of this Manual.
OBC is engaged in the business of operating and granting franchise licences to potential franchisees/persons, granting them the right to conduct and operate a distinctive OBC Chicken and Meat retail outlet.
OBC targets the lower to mid LSM markets with the convenient supply of basic food stuffs enjoyed by that market. The principle product of OBC is obviously fresh and frozen chicken and chicken related products. However a number of other convenient and market related products such as fish, cold and processed meats, fresh meat, eggs, fast moving grocery lines etc. are also available to add to the total appeal of an OBC Chicken outlet and our market. The private branding of top quality products coupled with the layout and overall service given by OBC Chicken to our customers has led to OBC being the fastest growing supply chain of its type in South Africa.
Contact Details of Information Officer
|Mr. A.A.F da Fonseca (“Information officer”) has been duly appointed by OBC, to act as the person to whom requests for access to information must be made in terms of the Act.|
|POSTAL ADDRESS:||PO BOX 197, ROOIHUISKRAAL|
|PHYSICAL ADDRESS:||1158 LOUWLARDIA DRIVE, LOUWLARDIA, CENTURION, 1683 CENTURION, 0154|
|TELEPHONE :||0861 622 622|
|FAX :||086 617 8572|
A guide on how to use the Act is to be compiled by the SAHRC in terms of Section 10 of the Act.
Please direct any queries to:
The Research and Documentation Department
|Postal address:||Private Bag 2700, Houghton, 2041|
|Telephone:||+27 11 484 8300|
|Facsimile:||+27 11 484 0582|
NOTE: This section of the Manual sets out the subject and categories of records held by OBC. The inclusion of any subject or category of records should not be taken as an indication that records falling within those subjects and/or categories will be made available under the Act. In particular, certain grounds of refusal as set out in the Act may be applicable to a request for such records.
Access to records held by OBC in terms of Section 52 of Act
A section 52(2) notice regarding the categories of records, which are available without a person having to request access in terms of the Act, has to date not been published.
Access to records in accordance with such other legislation as is applicable to OBC
- Insolvency Act 24 of 1924
- Pension Funds Act 24 of 1956
- Income Tax Act 58 of 1962
- Companies Act 71 of 2008 (as amended)
- Close Corpations Act 69 of 1984
- Copyright Act 61 of 1978
- National Credit Act 34 of 2005
- Value Added Tax Act 89 of 1991
- Occupational Health and Safety Act 85 of 1993
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Labour Relations Act 66 of 1995
- Tax on Retirement Funds Act 38 of 1996
- Basic Conditions of Employment Act 75 of 1997
- Employment Equity Act 55 of 1998
- Competition Act 89 of 1998
- Skills Development Act 97 of 1998
- Medical Schemes Act 131 of 1998
- Skills Development Levies Act 9 of 1999
- Financial Intelligence Centre Act 38 of 2001
- Unemployment Insurance Act 63 of 2001
- Unemployment Insurance Contributions Act 4 of 2002
- Promotion Of Access To Information Act No.2 Of 2000
- Electronic Communications and Transactions Act 25 of 2002
- Consumer Protection Act 68 of 2008
Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of the Act.
Access to Operation Information records that may be requested
Operation Information records as may be required for the day to day running of OBC which includes but is not limited to the following:
- Internal phone lists;
- Client database
- Address lists;
- Company policies and rules;
- OBC’s website address is WWW.OBGROUP.CO.ZA and is accessible to anyone who has access to the Internet.
Procedure and costs on how to request access to the records.
Form of Request:
- The requester must use the prescribed form to make the request for access to a record. This must be made to the Information Officer of OBC. This request must be made to the address, fax number or electronic mail address of the Information Officer of OBC.
- The requester must provide sufficient detail on the request form to enable the Information Officer of OBC to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed.
- The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation as to why the requested record is required for the exercise or protection of that right.
- If a request is made on behalf of a person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of OBC.
- Information Officer of OBC will then make a decision on the request and notify the requester in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.
- The Information Officer of OBC must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee before further processing the request. A personal requester does not pay such fee.
- The fee that the requester must pay is R50(excluding VAT). The requester may lodge an application to the court against the tender or payment of the request fee.
- The Information Officer of OBC will then make a decision on the request and notify the requester in the required form.
- If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that had exceeded the prescribed hours to search and prepare the record for disclosure.
Prescribed forms and fee structure in respect of private bodies
- The forms and fee structure prescribed under the Act are available from the Government Gazette, or at the website of the Department of Justice and Constitutional Development (www.doj.gov.za), under the 'regulations' section as well as the SAHRC website (www.sahrc.org.za).
Availibility of the Manual
- The Manual is posted on OBC’s website www.obcgroup.co.za
- This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of OBC.
- Copies of the Manual may be made, subject to the prescribed fees.
- Copies may also be requested from the South African Human Rights Commission
SIGNED AT MIDRAND ON 10 DECEMBER 2015
MR. TONY DA FONSECA