Welcome and thanking you for using the (SPAR Supplier Development) (“Website”) of The SPAR Group Limited (“SPAR”). This Website site is owned and operated by SPAR whose registered office is situated 22 Chancery Lane, Pinetown, 3610, KwaZulu-Natal, Republic of South Africa. This Website is hosted and managed in the Republic of South Africa for the exclusive use of members of The SPAR Group of Southern Africa Limited, NPC. The purpose of the Website is to provide support to suppliers in obtaining food safety solutions that align with SPAR’s food safety compliance and to provide a platform for SPAR retailers to connect with qualifying suppliers registered on the SPAR Supplier Development Programme (“programme”) and to view their food safety compliance.
The use and access to this Website by any person (“the user”) is subject to the terms and conditions set out hereunder (“Terms”). These Terms are enforceable and binding upon the user to the extent permitted by the Electronic Communications and Transactions Act 25 of 2002. Please read the Terms carefully. If the user does not accept these Terms they must exit the Website as continued use will be considered as consent to be bound by these Terms.
These Terms of use may change periodically without prior notice. Kindly ensure that you check them periodically as your use of this Website is subject to the Terms applicable on the date of use. The user’s continued use of the website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these, including any changes and updates. For ease of reference, we record that these Terms were last revised in April 2022.
SPAR’S privacy policy, cookies policy and a PAIA manual will apply to this Website, which policies can be found at https://sparsupplierdevelopment.co.za.
Registration to the programme is restricted to food suppliers who must meet the following qualifying criteria:
SPAR's chosen qualifying sections of the Schedule to the |
|||
Sector |
Size or class of enterprise |
Total full-time equivalent of paid employees |
Total annual turnover |
Agriculture |
Small |
11 - 50 |
17 million or less than |
|
Micro |
0 - 10 |
7 million or less than |
Manufacturing |
Small |
11 - 50 |
50 million or less than |
|
Micro |
0 - 10 |
10 million or less than |
Suppliers eligible to register must complete the registration process and meet the registration verification criteria. Meeting the above criteria does not guarantee acceptance into the programme.
To Register. Users of the website must select their own login username and password and are solely responsible for keeping such login credentials secret and confidential. The user agrees to notify SPAR immediately upon becoming aware, or reasonably suspecting any unauthorised access to or use of login credentials and shall take steps immediately to mitigate any loss or harm. SPAR will not however be liable to a user for any loss of data, or other damages, resulting from a breach of the user’s login credentials.
By registering and using this website the user warrants that he or she is 18 (eighteen) years of age or older and has full legal capacity to enter into these Terms.
Registration does not guarantee that the supplier will be accepted onto the programme or listed with a SPAR Distribution Centre or by a SPAR Retailer.
SPAR reserves the right, in its sole discretion, to remove a supplier from the programme and delete its registration where such user has in SPAR’s opinion failed to be active in the programme for an extended period of time or has breached any of these Terms.
SPAR will not be liable for any payment due by a retailer to a supplier who has registered with the programme.
The programme offers suppliers the right to upload and display products for viewing by SPAR and SPAR Retailers. The site offers a Q&A section. Suppliers are only entitled to display content that is legitimate, authentic and accurate.
SPAR has the right, in its sole discretion, at any time to remove any content from the Website which they regard as:
The entire content of this Website (including, without limitation, all material, recipes, information, logos and other graphics) is protected by applicable national and international copyright and trademark legislation and treaties. SPAR is the lawful owner of the copyright in and to the content of this Website and of the displayed trademarks.
You are granted permission to view and print (in hardcopy) portions of the Website for your personal use only. Any other use of any of the content on the Website including, without limitation, reproduction (other than for personal use) modification or distribution without the prior written consent from SPAR is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of SPAR.
Nothing contained in this Website shall be construed as granting by implication or otherwise, any licence or right to use any of the trademarks displayed on this Website without the prior written consent of SPAR. Use of any of the trademarks displayed on this Website or any of its contents, is strictly prohibited. The user may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Website. All rights not expressly granted in writing by SPAR are reserved.
External hyperlinks may be provided on the Website and you shall not interpret such hyperlinking as constituting any relationship between SPAR and any linked third party or any endorsement by SPAR of such third party. Use of, or reliance on, any information found using external links is done at the user’s own risk.
Advertising and other promotional material may appear on the Website from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between SPAR and any third party or any endorsement by SPAR of such third party. Use of, or reliance on, such promotional material is done at your own risk and SPAR is not a party to any such agreement with any third party.
When accessing this Website, the user must strictly comply with all the provisions of Protection of Personal Information Act 4 of 2013 (POPIA) and the failure to do so will result in the user either being deregistered, or the content being removed from the Website.
SPAR may be subject to obligations prescribed by POPIA when processing personal information obtained from users accessing this website and will take all reasonable steps to protect the privacy and personal data of the users, but SPAR makes no warranty in respect thereof. The user indemnifies and holds SPAR harmless from any liability from SPAR’s failure to protect the privacy and personal data of users.
SPAR has taken all reasonable steps to secure the content and security of this Website but does not make any warranties or representations that the content shall be safe and secure.
Users of this Website must not deliver or attempt to deliver, whether intentionally or negligently, any damaging code or virus to the Website or the server and computer network that support the Website. Any user who delivers any damaging code or virus to the Website, whether intentionally or negligently, shall, without any limitation, indemnify and hold SPAR harmless against any and all liability, damages and losses SPAR or other users may suffer as a result of such damaging code or virus.
This Website may contain information related to food safety solutions that align with SPAR’s food safety compliance. Such content is intended to provide general guidance only and shoold not be regarded as a substitute for the user taking their own advice on food safety solutions in relation to the user’s particolar circumstances.
Use of this Website is done entirely at the user’s own risk. The Website and its contents are provided on a “as is” and “as available” basis and SPAR makes no representations or warranties of any kind whether express or implied, including without limitation in respect of the Website, its contents, and the completeness and accuracy thereof. SPAR does not warrant that the functions provided by Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful elements.
Neither SPAR, its directors, employees, officers, agents, representatives and affiliates shall be liable for any loss, damages (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use or reliance upon the Website including any information contained thereon.
All users accessing this Website, hereby unconditionally indemnify SPAR, its directors, employees, officers, agents, representatives, affiliates, and hold SPAR harmless against all and any losses, damages (whether direct, indirect or consequential), legal costs or any other expense whatsoever that SPAR may suffer or incur from any user or third party claims or demands as a direct or indirect consequence of the user accessing the Website.
SPAR is not liable for any consequences whatsoever of any engagements between SPAR retailers and the suppliers due to the retailer connecting with the qualifying suppliers through the programme, including any claims or actions brought by consumers or customers utilising the supplier’s product purchased from any retailer.
It is recorded that SPAR retailers are independent retailers part of a voluntary trading model for which SPAR holds no liability for any claims against such independent retailers.
If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable and shall not effect the validity and enforceability of any remaining Terms. These Terms constitute the whole agreement between the user and SPAR relating to the use of this Website.
Any indulgence or extension of time granted by SPAR to you shall not be construed as a waiver or variation of any of its rights or remedies.
At the option of SPAR, any dispute arising out of these Terms may be brought by SPAR in a Magistrate’s Court of competent jurisdiction, notwithstanding that the amount of the claim may exceed the jurisdiction of such court. SPAR may however at its election proceed out of any other competent court having jurisdiction.
These Terms are governed by the laws of the Republic of South Africa.
Copyright SPAR Group Pty Ltd - 2022. All rights reserved