WEBSITE TERMS AND CONDITIONS TRUWORTHS WEBSITE TERMS AND CONDITIONS
1. USAGE
1.1
Persons using the Truworths Limited ("Truworths") website for any reason whatsoever, subject themselves to and agree to the terms and conditions of Truworths when accessing the website as set out below.
1.2
This website is intended to provide the user with information regarding Truworths, its products offered and/or services rendered.
1.3
Without derogating from the aforegoing, Truworths hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this website, or any part thereof, provided that: 1.3.1
such content is used for information and/or non-commercial purposes only; and
1.3.2
any reproduction of this the content of this website, or portion thereof, must include the following copyright notice: © Truworths 2003. ALL RIGHTS RESERVED.
1.4
Users that wish to use content from this site for commercial purposes may only do so with prior written permission of the Chief Executive Officer of Truworths.
2. INTELLECTUAL PROPERTY RIGHTS All content, trademarks, domain names and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Truworths, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
3.1
The full name and legal status of the website owner is: Truworths Limited Registration Number 1940/013923/06 VAT Number 4630103754
3.2
The full address of the website owner is detailed hereunder: No. 1 Mostert Street, Cape Town, 8001. P O Box 600, Cape Town, 8000.
3.3
The website address of this website is: http://www.truworths.co.za and this website can also be accessed from additional domains owned by Truworths: http://www.truworths.co.za and http://www.fashion.co.za
3.4
Membership of self-regulatory or accreditation bodies: Advertising Standards Authority Marketing Federation of South Africa
3.5
Codes of conduct to which this website subscribes: 3.5.1
Advertising Standards authority of South Africa: The user can access this code of conduct on the ASA website at: http://www.asasa.org.za/
3.5.2
Marketing Federation of South Africa: The user can access this code of conduct on the MFSA website at: www.dmasa.org/
3.6
The Directors of Truworths are: M S Mark, E F Cristaudo, D N Dare, J A Holtzhausen, D L Kohler. Company Secretary: C Durham The registered address for Truworths Limited is No. 1 Mostert Street, Cape Town, 8001.
3.7
Physical address for receipt of legal service: No. 1 Mostert Street, Cape Town.
3.8
Main business: The main function of this website is to provide information about Truworths and its retail services. In addition it provides a facility for account holders of Truworths to purchase merchandise via the website.
3.9
COSTS/PAYMENT METHODS 3.9.1
Delivery costs: Delivery costs are as stipulated in the section of this website titled ’‘delivery services’ and can be read here.
3.9.2
Taxes: The price of merchandise includes VAT, unless otherwise stipulated, but excludes delivery charges which are calculated per transaction.
3.9.3
Manner of payment: Payments will be charged to the user’s Truworths Chargecard, provided that the user’s account is in good standing. Purchases are paid for by a debit on the user’s Truworths account.’
3.9.4
Records of transactions: Purchases made are confirmed by a statement displayed online immediately after the transaction is submitted and can be copied and pasted or printed. The record of any transaction can be accessed by viewing the user’s order status which record is available for a period of 3 months from date of the transaction.
3.10
Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
access to the Truworths website; the inability to access the Truworths website; these terms and conditions
shall be referred to arbitration in terms of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the unsuccessful party on a scale as between attorney and own client.
4. AGREEMENT
4.1
Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle shall not: 4.1.1
constitute or give rise to any agreement between Truworths and users cannot hold Truworths liable if such items are not available when the purchase cycle is completed later; and/or
4.1.2
constitute an order for such an item.
4.2
Truworths may remove any service rendered and/or products offered from the shopping basket at its sole discretion if no stock is available. All merchandise displayed on this website are subject to availability.
4.3
An agreement between Truworths and a user shall only come into effect if and when: 4.3.1
Your Truworths account has been debited; or
4.3.2
An acknowledgement of the transactions concluded has been sent to you, the user.
4.4
All purchases made using your Truworths account shall be subject to the Terms and Conditions of Sale and Granting of Credit concluded between you and Truworths in respect of your account.
4.5
Truworths reserves the right to refuse to accept and/or execute an order without giving any reasons therefor. Truworths also reserves the right to cancel orders in whole or in part in Truworths' sole and absolute discretion. Truworths shall only be liable to refund monies already paid by the user.
4.6
Delivery: Delivery will be subject to Truworths’ delivery terms as specified on this website.
4.7
Truworths merchandise returns: Truworths merchandise must be returned in accordance with Truworths’ merchandise returns policy as stipulated on this website
4.8
Payment: Truworths shall be authorised to debit the aggregate amount payable for the goods ordered against your account. Truworths shall be entitled to debit your account on acceptance of your order and prior to delivery. By submitting your order, identity number and account details, you warrant that you are over the age of 18 (eighteen) and are authorised to conclude this transaction.
4.9
Pricing Policy: You will be charged the prices as they are reflected on the merchandise in store at the point of sale, subject to availability.
4.10
Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. Return of merchandise in terms of this cooling-off period is subject to the condition that the merchandise must have the swing ticket attached thereto and must be in the same condition as when it left the Truworths distribution centre. You will not be entitled to a refund of the delivery charges should you exercise your right to return goods purchased from this site in terms of the 7 day cooling off period.
4.11
The user has the right to review, correct and cancel electronic transactions before the user effects payment and/or place an order.
4.12
The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
4.13
By using this website or communicating with Truworths by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
5. CHANGES AND AMENDMENTS
5.1
Truworths expressly reserves the right, in its sole and absolute discretion, to do any of the following at any time without prior : 5.1.1
change these terms and conditions;
5.1.2
change the contents and/or services available from the Truworths website;
5.1.3
discontinue any aspect of the Truworths website or any services available from it.
5.2
Truworths reserves the right to change and amend the prices and rates quoted on this website without any notice.
5.3
The user undertakes to check the Truworths website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the website.
6. LINKING AND FRAMING
6.1
Any third party site may link to this website provided that such a link is directed at the homepage of this website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this website, without the prior written approval of Truworths.
6.2
It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of Truworths
7. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
7.1
No information or data on this website is an offer, but merely an invitation to do business.
7.2
No agreements shall be concluded merely by sending a data message to this website or its owners, valid agreements require an acknowledgement of receipt from this website.
8 LINKS TO THIRD PARTY SITES
8.1
Truworths may provide links to the user only as a convenience and the inclusion of any link does not imply Truworths' endorsement of such sites or an agreement with such site.
8.2
Linked websites or pages are not subject to the control of Truworths. Truworths shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website
9. SECURITY OF INFORMATION
9.1
All reasonable steps will be taken to secure a user's information and to secure the content of this site. Truworths does not warrant however that the content hereof will be completely secure.
9.2
Users undertake not to divulge their user name and passwords to any other person.
9.3
It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this website or attempts to gain unauthorised access to any page on this website shall be held criminally liable, and in the event that Truworths should suffer any damage or loss, civil damages will be claimed.
9.4
Truworths is under no legal duty to encrypt any content or communications from and to Truworths’ website and is also under no legal duty to provide digital authentication of any page of this website.
10. DISCLAIMER
10.1
Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Truworths shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, Truworths makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
10.2
This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Truworths that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
10.3
Information, ideas and opinions expressed on this site should not be regarded as advice of Truworths.
10.4
All items purchased from Truworths are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Truworths to such agents upon delivery of any item to such carrier.
10.5
Neither Truworths nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
10.6
Truworths does not warrant or represent that this website shall be available at all times.
11. SEVERABILITY
11.1
These Terms and Conditions of Use constitute the entire agreement between Truworths and you, the user of this website. Any failure by Truworths to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
11.2
In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
12. APPLICABLE AND GOVENERING LAW This website is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this website and these terms and conditions.
13. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at: Street Address: Truworths, Website Administrator, No. 1 Mostert Street, Cape Town, 8001 Postal Address: Truworths, Website Administrator, P.O. Box 600, Cape Town, 8000 Tel: 021 4607911 Fax: 021 4607025 Email: services@truworths.co.za
In terms of Section 1 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access a Truworths website or use the service through a Truworths website or any part thereof. If you do not agree to be bound by these terms and conditions, you must leave the Truworths website(s) immediately as further use will automatically bind you to these terms and conditions. This document is licensed to Truworths for use on their website(s) only.
SECTION 51 MANUAL FOR TRUWORTHS LIMITED
IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on 23 November 2001. Section 51 of this Act requires that we as a private body compile a manual giving information to the public regarding the procedure to be followed in requesting information from Truworths Limited for the purpose of exercising or protecting rights.
CONTENTS
A. INTRODUCTION TO TRUWORTHS LIMITED
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL
1. Contact details 2. The section 10 Guide on how to use the Act 3. Records available in terms of any other legislation 4. Access to the records held by Truworths Limited i. The latest notice in terms of section 52(2) (if any) ii. Records held by Truworths Limited; iii. The request procedures 5. Other information as may be prescribed 6. Availability of the manual 7. Prescribed fees for private bodies 8. Prescribed forms
This Manual is based on the blueprint issued by the SAHRC.
A. INTRODUCTION TO TRUWORTHS LIMITED Truworths Limited (Registration Number 1940/013923/06) (“Truworths”) is a fashion retailer and the major subsidiary of Truworths International Limited (Registration Number 1944/017491/06), an investment holding company whose shares are listed on the JSE Securities Exchange (SA). Truworths has the following operating subsidiary: Identity Retailing (Proprietary) Limited (commission agent)
Registration Number: 1965/001234/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: DN Dare EF Cristaudo C Durham
Truworths also has dormant subsidiaries and foreign subsidiaries, which latter companies are not registered in South Africa. Details of the dormant and foreign companies are contained in the Truworths International Limited Annual Report, which report is available from Truworths at the contact details as set out hereunder.
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL Truworths makes no representation and gives no undertaking that the information in this manual or any information provided by it to the requester shall be complete or accurate, or that such information shall be fit for any purpose. All requesters and/or users of any such information shall use such information entirely at their own risk, and Truworths shall not be liable for any loss, expense, liability or claim, howsoever arising, resulting from any use of this manual or any information provided by Truworths. 1. Contact details [s51(1)(a) of the Act] Truworths Limited Chief Executive Officer: M Mark Information Officer: C Bezuidenhout Postal Address: PO Box 600 Cape Town 8000 Street Address: No 1 Mostert Street Cape Town 8001 Telephone: +27 21 460-7911 Fax: +27 21 460-7153 Website: www.truworths.co.za
For any customer service queries please contact:services@truworths.co.za
For requests for statutory information in terms of the Promotion of Access to Information Act only please contact: proatia@truworths.co.za
2. The section 10 Guide on how to use the Act [Section 51(1)(b) of the Act]
Section 10 of the Act requires the South African Human Rights Commission (SAHRC) to publish a guide containing information reasonably required by a person wishing to exercise or protect any right in terms of the Act. It is available in all of the official languages. The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission: The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Physical Address: 29 Princess of Wales Terrace, cnr York and St Andrews Street, Parktown. Postal Address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-7146 Website: www.sahrc.org.za E-mail: PAIA@sahrc.org.za
The Guide contains the following information:
• The objects of the Act; • Particulars of the information officer of every public body; • Particulars of every private body as are practicable; • The manner and form of a request for access to information held by a body; • Assistance available from both the information officers and the SAHRC in terms of the Act; • All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application; • The provisions of the Act that require each public and private body to compile a manual and how to obtain access to such manuals; • Schedule of fees to be paid in relation to requests for access to information; • Regulations made in terms of the Act.
3. Records available in terms of any other legislation [Section 51(1)(d)] Truworths is required by law to keep records in terms of various Acts of Parliament. Please note that this list is not exhaustive:
1. Basic Conditions of Employment Act No. 75 of 1997 2. Broad-Based Black Economic Empowerment Act 53 of 2003 3. Companies Act No.71 of 2008 4. Compensation for Occupational Injuries and Diseases Act No. 130 of 1993 5. Consumer Protection Act No. 68 of 2008 6. Currency and Exchanges Act No. 9 of 1933 7. Customs and Excise Act No. 91 of 1964 8. Designs Act No. 195 of 1993 9. Electronic Communications and Transactions Act No. 25 of 2002 10. Employment Equity Act No. 55 of 1998 11. Financial Advisory and Intermediary Services Act No. 37 of 2002 12. Financial Intelligence Centre Act No. 38 of 2001 13. Income Tax Act No. 58 of 1962 14. Labour Relations Act No. 66 of 1995 15. Merchandise Marks Act No. 17 of 1941 16. National Credit Act No. 34 of 2005 17. Occupational Health and Safety Act No. 85 of 1993 18. Promotion of Access to Information Act No. 2 of 2000 19. Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002 20. Securities Services Act No. 36 of 2004 21. Skills Development Act No. 97 of 1998 22. Skills Development Levies Act No. 9 of 1999 23. Stamp Duties Act No. 77 of 1968 24. Trade Marks Act No. 194 of 1993 25. Unemployment Insurance Contributions Act No. 4 of 2002 26. Unemployment Insurance Act No. 63 of 2001 27. Value Added Tax Act No. 89 of 1991
4. Access to the records held by Truworths [Sections 51(1)(c) and 51(1)(e) of the Act]
i. The latest notice in terms of section 52(2) (if any) [Section 51(1)(c)]
At this stage no notice(s) has/have been published by the Minister of Justice and Constitutional Development on the categories of records that are automatically available without a person having to request access in terms of the Act.
ii. A description of the subjects of the records held by Truworths and the categories in which these subjects are classed [Section 51(1)(e)]
HUMAN RESOURCES
• Employee records and information, recruitment records • Training records, manuals, materials and reports • Employment equity records and reports, disciplinary records, CCMA records
FINANCE
• FINANCE Creditors/suppliers information and records Shipping records Sundry debtors information Accounting and tax records Statutory requirement records
• COMPANY SECRETARY Registers Minute books Certificates Documents
• LEGAL Agreements Trade marks Civil and criminal actions
• INTERNAL AUDIT Company risk and controls profiles Fraud information
• RETAIL ADMINISTRATION Administration policies and procedures Casual employee records Business and supplier information
MERCHANDISE • Sales records • Supplier information • Purchase order records
OPERATIONS
• STORES Employee records Policies, procedures, manuals and circulars Business and financial information and records • PROPERTIES Lease agreements • TRUWORTHS DISTRIBUTION CENTRE Employee records Operational and distribution records Aged documents for business or statutory requirements Warehouse systems and processes • FRANCHISE Store records
DESIGN
• VISUAL PRESENTATION - display material and merchandising records • STORE DESIGN - store drawings and building specifications
MARKETING AND CREDIT SERVICES
• MARKETING AND ADVERTISING Marketing material Market research • CREDIT SERVICES Customer records Transaction records Debtors information Fraud investigation records
INFORMATION TECHNOLOGY
• Business and Data Information • IT Technology Capabilities • Systems & User Manuals
iii. The request procedures Form of request:
• If you wish to request access to any of the above categories of information you are required to complete a request form as set out herein. These forms are available from: Our Information Officer (whose contact details are in section B of this manual); The SAHRC website (www.sahrc.org.za); The Department of Justice and Constitutional Development website (www.doj.gov.za). • There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form. • You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges. • 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 Truworths. This request must be made to the address, fax number or electronic mail address of Truworths [s 53(1)]. • The requester must provide sufficient detail on the request form to enable the Information Officer of Truworths to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s53(2)(a) and (b) and (c)]. • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s53(2)(d)]. • If a request is made on behalf of a another 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 Truworths [s 53(2)(f)].
Fees: A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee: • The Information Officer of Truworths must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)]. • The fee that the requester must pay to Truworths is R50. The requester may lodge an application to court against the tender or payment of the request fee [s 54(3)(b)]. • After the Information Officer of Truworths has made a decision on the request, the requester must be notified 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 has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)]. • It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether or not your request has been approved.
5. Other information as may be prescribed [Section 51(1)(f) of the Act] The Minister of Justice and Constitutional Development has not made any regulations in this regard.
6. Availability of the manual [Section 51(3) of the Act] This manual is available for inspection at the head offices of Truworths at No. 1 Mostert Street, Cape Town free of charge. Copies are available with the SAHRC, and on Truworths’ website.
7. Fees in respect of private bodies 1. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof. 2. The fees for reproduction referred to in regulation 11(1) are as follows: a. For every photocopy of an A4-size page or part thereof: R1,10 b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form: R0,75 c. For a copy in a computer-readable form on - i. stiffy disc: R7,50 ii. compact disc: R70,00 d. i. For a transcription of visual images, for an A4-size page or part thereof: R40,00 ii. For a copy of visual images: R60,00 e. i. For a transcription of an audio record, for an A4-size page or part thereof: R20,00 ii. For a copy of an audio record: R30,00
3. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00
4. The access fees payable by a requester referred to in regulation 11(3) are as follows: 1. a. For every photocopy of an A4-size page or part thereof: R1,10 b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form: R0,75 c. For a copy in a computer-readable form on - i. stiffy disc: R7,50 ii. compact disc: R70,00 d. i. For a transcription of visual images, for an A4-size page or part thereof: R40,00 ii. For a copy of visual images: R60,00 e. i. For a transcription of an audio record, for an A4-size page or part thereof: R20,00 ii. For a copy of an audio record: R30,00 f. To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation. 2. For purposes of section 54(2) of the Act, the following applies: a. Six hours as the hours to be exceeded before a deposit is payable; and b. one third of the access fee is payable as a deposit by the requester. 3. The actual postage is payable when a copy of a record must be posted to a requester. 8. Prescribed forms
REQUEST FOR ACCESS TO RECORD OF TRUWORTHS LIMITED
(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10] A. Particulars of Truworths Limited Contact details Truworths Limited The Information Officer Postal Address: PO Box 600 Cape Town 8000 Street Address: No 1 Mostert Street Cape Town 8001 Telephone: +27 21 460-7911 Fax: +27 21 460-7153 Website: www.truworths.co.za
For any customer service queries please contact: services@truworths.co.za
For requests for statutory information in terms of the Promotion of Access to Information Act only please contact proatia@truworths.co.za
B. Particulars of person requesting access to the record a. The particulars of the person who requests access to the record must be given below. b. The address and/or fax number in the Republic to which the information is to be sent must be given. c. Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person: C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person. Full names and surname: Identity number:
D. Particulars of record a. Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. b. If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record: 2. Reference number, if available: 3. Any further particulars of record E. Fees a. A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. b. You will be notified of the amount required to be paid as the request fee. c. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d. If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required: Mark the appropriate box with an X. NOTES: a. Compliance with your request in the specified form may depend on the form in which the record is available. b. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. c. The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* inspection of record 2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): view the images copy of the images* transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document) 4. If record is held on computer or in an electronic or machine-readable form: printed copy of record* printed copy of information derived from the record* copy in computer readable form*(stiffy or compact disc) *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. YES/NO G. Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right: H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. How would you prefer to be informed of the decision regarding your request for access to the record? Signed at _ _ _ _ _ _ _ _ _ _this_ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ 20_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE
SECTION 51 MANUAL FOR TRUWORTHS INTERNATIONAL LIMITED
IN TERMS OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 ("the Act")
The Promotion of Access to Information Act No. 2 of 2000, (“the Act”) came into operation on 23 November 2001. Section 51 of this Act requires that we as a private body compile a manual giving information to the public regarding the procedure to be followed in requesting information from Truworths International Limited for the purpose of exercising or protecting rights.
CONTENTS A. INTRODUCTION TO TRUWORTHS INTERNATIONAL LIMITED
B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 1. Contact details 2. The section 10 Guide on how to use the Act 3. Records available in terms of any other legislation 4. Access to the records held by Truworths International Limited i. The latest notice in terms of section 52(2) (if any) ii. Records held by Truworths Limited; iii. The request procedures 5. Other information as may be prescribed 6. Availability of the manual 7. Prescribed fees for private bodies 8. Prescribed forms A. INTRODUCTION TO TRUWORTHS INTERNATIONAL LIMITED Truworths International Limited (registration number 1944/017491/06) (“Truworths International”) is an investment holding company whose shares are listed on the JSE Securities Exchange (SA). Truworths International has the following operating subsidiaries: 1. Truworths Limited Registration Number: 1940/013923/06 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark EF Cristaudo DN Dare DL Kohler
2. Young Designers Emporium (Proprietary) Limited Registration Number: 1956/003229/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark AB Miek
3. Truworths Investments (Pty) Limited Registration Number: 2005/004779/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark
4. Truworths Investments Two (Pty) Limited Registration Number: 2005/028300/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark
5. Truworths Investments Three (Pty) Limited Registration Number: 2007/014270/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark
6. Truworths Investments Four (Pty) Limited Registration Number: 2007/015552/07 Registered Address: No. 1 Mostert Street Cape Town 8001 Postal Address: PO Box 600 Cape Town 8000 Directors: MS Mark
Truworths International’s dormant and foreign subsidiaries are detailed in its annual report, which report is available from Truworths International at the Contact Details as set out hereunder. B. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL 1. Contact details [s51(1)(a) of the Act] Truworths International Limited Chief Executive Officer: MS Mark Information Officer: C Bezuidenhout Postal Address: PO Box 600 Cape Town 8000 Street Address: No 1 Mostert Street Cape Town 8001 Telephone:+27 21 460-7911 Fax: +27 21 460-7153 Website: www.truworths.co.za
E-mail: proatia@truworths.co.za
2. The section 10 Guide on how to use the Act [Section 51(1)(b) of the Act] Section 10 of the Act requires the South African Human Rights Commission (SAHRC) to publish a guide containing information reasonably required by a person wishing to exercise or protect any right in terms of the Act. It is available in all of the official languages. The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission: The South African Human Rights Commission: PAIA Unit The Research and Documentation Department Physical Address: 29 Princess of Wales Terrace, cnr York and St Andrews Street, Parktown.
Postal Address: Private Bag 2700 Houghton 2041 Telephone:+27 11 484-8300 Fax: +27 11 484-7146 Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za
The Guide contains the following information: • The objects of the Act; • Particulars of the information officer of every public body; • Particulars of every private body as are practicable; • The manner and form of a request for access to information held by a body; • Assistance available from both the information officers and the SAHRC in terms of the Act; • All remedies in law regarding acts, omissions, rights and duties, including how to lodge an internal appeal and a court application; • The provisions of the Act that require each public and private body to compile a manual and how to obtain access to such manuals; • Schedule of fees to be paid in relation to requests for access to information; • Regulations made in terms of the Act. 3. Records available in terms of any other legislation [Section 51(1)(d) of the Act] Truworths International is required by law to keep records in terms of various Acts of Parliament. Please note that this list is not exhaustive: 1. Companies Act No 71 of 2008 2. Income Tax Act No. 95 of 1967 3. Promotion of Access to Information Act No. 2 of 2000 4. Value Added Tax Act No. 89 of 1991 4. Access to the records held by Truworths International [Sections 51(1)(c) and 51(1)(e) of the Act] i. The latest notice in terms of section 52(2) (if any) [Section 51(1)(c) of the Act]
At this stage no notice(s) has/have been published by the Minister of Justice and Constitutional Development on the categories of records that are automatically available without a person having to request access in terms of the Act.
ii.A description of the subjects of the records held by Truworths International and the categories in which these subjects are classed [Section 51(1)(e) of the Act] • Financial and commercial records • Annual and interim reports • Company registers, minute books, certificates and documents • Legal agreements
iii.The request procedures Form of request:
• If you wish to request access to any of the above categories of information you are required to complete a request form as set out herein. These forms are available from: Our Information Officer (whose contact details are in section B of this manual); The SAHRC website (www.sahrc.org.za); The Department of Justice and Constitutional Development website (www.doj.gov.za). • There is a prescribed fee (payable in advance) for requesting and accessing information in terms of the Act. Details of these fees are contained in the request form. • You may also be called upon to pay the additional fees prescribed by regulation for searching for and compiling the information which you have requested, including copying charges. • 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 Truworths International. This request must be made to the address, fax number or electronic mail address of Truworths International [s 53(1)]. • The requester must provide sufficient detail on the request form to enable the Information Officer of Truworths International to identify the record and the requester. The requester should also indicate which form of access is required. The requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s53(2)(a) and (b) and (c)]. • The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s53(2)(d)]. • If a request is made on behalf of a another 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 Truworths International [s 53(2)(f)].
Fees: A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee. Every other requester, who is not a personal requester, must pay the required request fee: • The Information Officer of Truworths International must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)]. • The fee that the requester must pay to Truworths International is R50. The requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)]. • After the Information Officer of Truworths International has made a decision on the request, the requester must be notified 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 has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)]. • It is important to note that access is not automatic – you must identify the right you are seeking to exercise or protect and explain why the record you request is required for the exercise or protection of that right. You will be notified in the manner indicated by you on the request form whether or not your request has been approved.
5. Other information as may be prescribed [Section 51(1)(f) of the Act] The Minister of Justice and Constitutional Development has not made any regulations in this regard. 6. Availability of the manual [Section 51(3) of the Act] This manual is available for inspection at the head offices of Truworths International at No. 1 Mostert Street, Cape Town free of charge. Copies are available with the SAHRC, and on Truworths’ website. 7. Fees in respect of private bodies 5. The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R1,10 for every photocopy of an A4-size page or part thereof. 6. The fees for reproduction referred to in regulation 11(1) are as follows: a. For every photocopy of an A4-size page or part thereof: R1,10 b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form: R0,75 c. For a copy in a computer-readable form on - i. stiffy disc: R7,50 ii. compact disc: R70,00 d. i. For a transcription of visual images, for an A4-size page or part thereof: R40,00 ii. For a copy of visual images: R60,00 e. i. For a transcription of an audio record, for an A4-size page or part thereof: R20,00 ii. For a copy of an audio record: R30,00 7. The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) is R50,00 8. The access fees payable by a requester referred to in regulation 11(3) are as follows: 1. a. For every photocopy of an A4-size page or part thereof: R1,10 b. For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form: R0,75 c. For a copy in a computer-readable form on - i. stiffy disc: R7,50 ii. compact disc: R70,00 d. i. For a transcription of visual images, for an A4-size page or part thereof: R40,00 ii. For a copy of visual images: R60,00 e. i. For a transcription of an audio record, for an A4-size page or part thereof: R20,00 ii. For a copy of an audio record: R30,00 f. To search for and prepare the record for disclosure, R30,00 for each hour or part of an hour reasonably required for such search and preparation. 2. For purposes of section 54(2) of the Act, the following applies: . Six hours as the hours to be exceeded before a deposit is payable; and a. one third of the access fee is payable as a deposit by the requester. 3. The actual postage is payable when a copy of a record must be posted to a requester. 8. Prescribed forms
REQUEST FOR ACCESS TO RECORD OF TRUWORTHS INTERNATIONAL LIMITED (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) [Regulation 10] A. Particulars of Truworths International Limited Contact details Truworths International Limited
The Information Officer Postal Address: PO Box 600 Cape Town 8000 Street Address: No 1 Mostert Street Cape Town 8001 Telephone: +27 21 460-7911 Fax: +27 21 460-7153 Website: www.truworths.co.za
E-mail: proatia@truworths.co.za
B. Particulars of person requesting access to the record a. The particulars of the person who requests access to the record must be given below. b. The address and/or fax number in the Republic to which the information is to be sent must be given. c. Proof of the capacity in which the request is made, if applicable, must be attached. Full names and surname: Identity number: Postal address: Fax number: Telephone number: E-mail address: Capacity in which request is made, when made on behalf of another person: C. Particulars of person on whose behalf request is made This section must be completed ONLY if a request for information is made on behalf of another person. Full names and surname: Identity number: D. Particulars of record a. Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located. b. If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Description of record or relevant part of the record: 2. Reference number, if available: 3. Any further particulars of record E. Fees a. A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid. b. You will be notified of the amount required to be paid as the request fee. c. The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record. d. If you qualify for exemption of the payment of any fee, please state the reason for exemption. Reason for exemption from payment of fees: F. Form of access to record If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. Disability: Form in which record is required: Mark the appropriate box with an X. NOTES: a. Compliance with your request in the specified form may depend on the form in which the record is available. b. Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form. c. The fee payable for access to the record, if any, will be determined partly by the form in which access is requested. 1. If the record is in written or printed form: copy of record* inspection of record 2. If record consists of visual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.): view the images copy of the images* transcription of the images* 3. If record consists of recorded words or information which can be reproduced in sound: listen to the soundtrack (audio cassette) transcription of soundtrack* (written or printed document) 4. If record is held on computer or in an electronic or machine-readable form: printed copy of record* printed copy of information derived from the record* copy in computer readable form* (stiffy or compact disc) *If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? Postage is payable. YES / NO G. Particulars of right to be exercised or protected If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected: 2. Explain why the record requested is required for the exercise or protection of the aforementioned right: H. Notice of decision regarding request for access You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request. How would you prefer to be informed of the decision regarding your request for access to the record? Signed at _ _ _ _ _ _ _ _ _ _this_ _ _ _ day of _ _ _ _ _ _ _ 20_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE
SMS SURVEY COMPETITION – JULY ‘13
The promoter of this competition is Truworths Limited, Reg. No. 1940/013923/06 (hereinafter referred to as "the Promoter"). The following rules will apply to this competition:
1. By entering this competition you agree that these competition rules will apply to you and bind you to the extent lawfully permissible. These rules, should they require interpretation, will be interpreted by the Promoter in its sole and absolute discretion.
2. Subject to clause 5 and clause 14.4 below, this competition is open to any natural person. Persons who are under the age of 18 years require the prior consent and assistance of their legal guardian to enter this competition and such persons warrant the existence of such consent and assistance. At the Promoter’s sole discretion, participants may need to have a Truworths account to enter this competition. Furthermore, if applicable, in order to participate in this competition and to be eligible for all/any prizes on offer, the Truworths account (and all other account/s where Truworths Limited is the credit provider) of the potential participant must be in good standing at the date of entry and at all material times thereafter (i.e. payments on the account/s must be up to date).
3. The prize/s to be awarded in this competition shall not be redeemable for cash and are not transferable. If the prize/s include Truworths fashion items of the winner/s choice, the value of the prize/s offered will be credited to the winner/s Truworths account. If the prize winner/s are not Truworths account holders, then the winner/s will be required to open a Truworths account. If for some reason the account application/s are declined or should the winner/s not wish to open such an account, the winner/s will be awarded Truworths gift card/s to the value of the prizes offered. The gift card/s are valid for 3 years from the date of issue and can be used in any of the following stores in South Africa, Namibia or Swaziland: Truworths, Truworths Man, Daniel Hechter, Inwear, LTD and UZZI. The gift cards may be used to reduce the balance on any Truworths account but may not be used to pay any instalment due on such account. The gift card/s concerned may not be redeemed against cellphone purchases and related products or purchases made using any fashion delivery service.
4. Winner/s may be taxed in terms of applicable tax legislation and participants who require clarity as to the tax implications hereof should seek a directive from the relevant revenue service/authority.
5. Any person who is at the date of awarding the prize:
5.1 a director, member, partner, employee, or agent of or consultant to the promoter or any other person who directly or indirectly controls or is controlled by the promoter or marketing service provider in respect of the promotional competition, or the spouse, life partner, business partner or immediate family member; or
5.2 a supplier of goods or services in connection with the competition
may not participate in this competition and will be ineligible to receive all/any prize/s on offer.
6. Non-compliance with these rules shall render winner/s ineligible to participate in this competition and to receive prize/s. Such persons hereby acknowledge that he/she/they will have no recourse or claim of any nature whatsoever against Truworths and/or its subsidiaries and/or its holding companies (including the directors, employees, members, independent contractors, agents, consultants, sub-contractors and/or any other representatives of the said entities).
7. By participating in this competition, you acknowledge that subject to applicable law, The Promoter disclaims liability however arising and you hereby indemnify and hold harmless the Promoter, its holding companies and/or its subsidiaries (including their directors, employees, members, independent contractors, agents, consultants, sub-contractors and other representatives) from any and all loss/damages that may be sustained directly/indirectly arising out of/pursuant to this competition or resulting from the acceptance of and/or possession of and/or use of the prize/s on offer, including but not limited to loss/damages arising out of/pursuant to personal injury, death, property damage and claims based on publicity rights, defamation and/or privacy rights.
8. The essential features of this competition are as follows: The prize on offer is one R 1000 Truworths or Identity fashion voucher. You shall be required to take the following steps to enter this competition: Respond in full to the survey question sent to you via sms. This competition will be open for entry on 08 July 2013.This competition closes on the 22 July 2013 and no entries will be accepted after this date. The winner/s will be drawn/selected by an independent party on the Promoters behalf (“the Judges”), in accordance with all relevant regulatory requirements, on/before 29 July 2013 and the decision of the Judges in this regard shall be final and no correspondence will be entered into. Only one electronic entry per entrant will be accepted by the Promoter.
9. The winner/s will be notified via e-mail and/or sms and/or telephone on/before_31 July 2013. Any entrant whose name has already been drawn/selected and who has already won a prize in this competition will not be eligible for any other prize/s offered in the course of this competition and any other selections/draws that take place in the course of this competition.
10. The Promoter reserves the right to within reasonable limitations substitute the prize/s on offer with any other prize/s of comparable commercial value or to substitute the prize/s with prize/s in a different style or in the same style but in different colour/s
11. The winner/s hereby give the promoter permission to use his/her/their name/s and/or photograph/s in any promotional and/or advertising material for the purposes of marketing, which permission may be revoked. Any prize not claimed within 90 days of the draw will be awarded to a third party chosen by the Promoter.
12. This competition, these rules and any dispute pursuant thereto shall be subject to and construed in accordance with South African law. The South African courts shall have exclusive jurisdiction to determine all/any disputes in respect of/flowing from the application of these rules and otherwise in respect of this competition. In the event that a person enters this competition outside of South Africa or the participant resides outside of South Africa, these rules shall apply to the extent lawfully permissible.
13. In the event that this competition and/or any condition of entry to this competition entails access to and/or activity on the “Twitter” platform, the following rules shall apply:
13.1 You shall abide by the “Twitter” rules, which rules you acknowledge that you have read and understood. A failure to abide by such rules shall render you ineligible to receive all/any prize/s on offer;
13.2 “Twitter” users may not, in contravention of the Twitter rules, create multiple accounts for the purposes of this competition. Any entrant found to be entering this competition using multiple “Twitter” accounts, in contravention of the Twitter rules, shall be considered ineligible to receive all/any prize/s on offer; and
13.3 Entrants may not, in contravention of the Twitter rules, post the same tweet repeatedly. Entrants posting duplicate (or near duplicate) updates for the purposes of entry into this competition or otherwise, in contravention of the Twitter rules, shall be considered ineligible to receive all/any prize/s on offer.
14. In the event that this competition and/or any condition of entry to this competition entails access to and/or activity on the “Facebook” platform, the following rules and disclosures shall apply:
14.1 You shall abide by the “Facebook” rules, which rules you acknowledge that you have read and understood. A failure to abide by such rules shall render you ineligible to receive all/any prize/s on offer;
14.2 This promotion is in no way sponsored, endorsed or administered by or associated with Facebook. You are providing your information to the Promoter and not to Facebook. The information you provide will only be used for the purposes set out in these rules;
14.3 You hereby release Facebook from liability, who disclaims liability, however arising; and
14.4 This competition is open to any living person who is over the age of 13 years as at the date of publication hereof.