Dear Parents,
Please find below the terms and conditions when attending a workshop/class.
1.1.1 “The Copyright” means all rights whether existing now or in the future in and to the Operating Manual and the recording of the Know-How, whether incorporated in the Operating Manual or in any other Moms and Tots documentation.
1.1.2 “The Intellectual Property” includes:
1.1.2.1 Know-how;
1.1.2.2 The copyright;
1.1.2.3 The trade dress;
1.1.2.4 The trademarks; and
1.1.2.5 The trade secrets.
1.1.3 “The Know-How” means the confidential technical and commercial information relating to the operation of the business system existing from time to time, including without limitation, information contained in the program, other MOMS AND TOTS GROUP documents together with the unrecorded MOMS AND TOTS GROUP information known to individuals who are office bearers or employee’s’ of the Franchisor. Technical information includes specifications, methods of education, recipes, specifications, procedures, advertising, promotion and marketing techniques and formulae developed by the franchisor.
1.1.4 “The Operating Manual” means the Franchisor’s ordinary operating and procedures manual as amended from time to time and supplemented by further written directions and regulations, giving details of the business system and intellectual property and imparting the know-how.
1.1.5 Protection of Intellectual Property
1.1.5.1 The Parent will not do, cause or permit anything to be done which may adversely affect the Intellectual Property or the Franchisor’s rights in the Intellectual Property. The Parent will bring to the attention of the Franchisor any infringement or threatened infringement of the Intellectual Property which may come to its attention. The Parent will give all reasonable assistance to the Franchisor to enable the latter to further or defend its rights in the Intellectual Property.
1.1.6 Acknowledgement of Ownership
1.1.6.1 The Parent acknowledges that the Franchisor is the owner of all rights of whatever nature in the Intellectual Property and that he/she has no claims of any nature to any element of the Intellectual Property. The Parent shall:
1.1.6.1.1 Not be entitled to use the Intellectual Property in whatsoever manner not connected to the business;
1.1.6.1.2 Not at any time attack or challenge the rights of the Franchisor to the Intellectual Property; and/or
1.1.6.1.3 Induce or procure any other person to attack or challenge such rights.
2 POPI Act
2.1 As per the guidelines of the Act, MT Group is compliant and requires some information from you in order to provide services.
2.1.1 Personal information is collected and retained to service your account and for fraud prevention and regulatory purposes. You acknowledge and agree that for the protection of both Parties, any personal data in this Agreement shall be regulated by our Privacy Policy in accordance with the provisions of the Protection of Personal Information Act, 2013. Our Privacy Policy is available on request.
2.1.2 By using these features and services, you consent to MT Group and its subsidiaries’ and agents’ transmission, collection, maintenance, processing, and use of all of the foregoing information, to provide MT Group services and functionality. You further agree to the reciprocal obligations contemplated in our Privacy Policy.
2.1.3 You warrant that you have all necessary consents of the relevant Data Subjects as a Responsible Party in respect of their personal information, to authorise us to process their personal information, where necessary to perform the services under the Agreement.
3 Applicable Law
3.1 The provisions of these terms and conditions shall be governed and construed in accordance with the laws of the Republic of South Africa.
We trust the above to be in order.
Should you wish to discuss anything further please feel free to contact our offices.
Head Office - Moms and Tots Group
www.momsandtots.co.za
info@momsandtots.co.za