Name of Business: Khoisan Gourmet – A Division of Libstar Operations (Pty) Ltd
Registration Number of Company: 2014/062496/07
Section 51 Manual for Private Bodies: THIS MANUAL HAS BEEN PREPARED IN TERMS OF
SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 / 2000 (the “ACT”)
1. Introduction to company and the type of business
2. Contact Details
3. The ACT and Section 10 Guide
4. Applicable Legislation
5. Schedule of Records
6. Form of Request
7. Any other Information e.g. Prescribed Fees, organogram, etc.
Khoisan Gourmet – A Division of Libstar Operations (Pty) Ltd – Reg Nr. 2014/062496/07 trading as importers and exporters of teas, vanilla and spices
2. CONTACT DETAILS:
Directors: RW Smith; W Hamid; A Van Rensburg; S Khanna
CEO: Andrew Bulwer
Khoisan Tea House
No 6 Gold Street, Northgate Estate
Ysterplaat, Cape Town, 7405
PO Box 69
Telephone: +27 21 511 4991
3. THE ACT
3.1. The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.
3.2. Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.
3.3. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights. The Guide is available from the SAHRC.
The contact details of the Commission are:
Postal Address: Private Bag 2700, Houghton, 2041
Telephone Number: +27-11-877 3600
Fax Number: +27-11-403 0625
4. APPLICABLE LEGISLATION
Section 51(1)(d) Information is available in terms of the following legislation, if and where applicable:
Basic Conditions of Employment Act No. 75 of 1997
Closed Corporation Act No. 69 of 1984
Companies Act No. 61 of 1973
Compensation of Occupational Injuries and Diseases Act No. 130 of 193
Customs and Excise Act No. 91 of 1964
Electronic Communications and Transactions Act No. 25 of 2002
Employment Equity Act No. 55 of 1998
Income Tax Act No. 58 of 1962
Insolvency Act No. 24 of 1936
Labour Relations Act No. 66 of 1995
Occupational Health and Safety Act No. 85 of 1993
Patents Act No. 57 of 1978
Promotion of Access to Information Act No. 2 of 2000
Skills development Levies Act No. 9 of 1999
Trademarks Act No. 194.of 1993
Unemployment Insurance Act No. 30 of 1966
Value added Tax Act No. 89 of 1991
5. SCHEDULE OF RECORDS
|Public||• Public Product Information||Freely available on web site|
|Affairs||• Public Corporate Records||http://www.khoisantea.co.za/|
|• Media Releases|
|Financial||• Financial Statements||Request in terms of PAIA|
|• Financial and Tax Records (Company & Employees)|
|• Asset Register|
|• Management Accounts|
|Marketing||• Market Information||Request in terms of PAIA|
|• Public Customer Information:
• Product Brochures
• Owner Manuals
|• Field Records|
|• Performance Records|
|• Product Sales Records|
|• Marketing Strategies|
|• Customer Database|
|• Dealer Franchise Documents|
6. FORM OF REQUEST
Access to the records held [Sections 51(1)(c) and 51(1)(e)] Records which are available without a person having to request access in terms of this Act in terms of section 52(2) [Section 51(1)(c)]: Requisitions, internal phone lists, company policies, contracts, employee records and general accounting records. The Request Procedures. The forms and fee structure prescribed under the Act are available at the website of the Department of Justice and Constitutional Development
(www.doj.gov.za) under the “regulations” section. Section 51(1)(f) 5) Other information as may be prescribed. The Ministry of Justice and Constitutional Development has not made any regulations in this regard. Section 51(3) 6) Availability of the material. The manual is available at our offices free of charge; and copies are available with the SAHRC, in the Gazette and on our website as listed above.
7. PRESCRIBED FEES:
7.1. A requestor is required to pay the prescribed fees (R50.00) before a request will be processed;
7.2. If the preparation of the record requested requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted);
7.3. A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit;
7.4. Records may be withheld until the fees have been paid.
7.5. The fee structure is available on the website of the SOUTH AFRICAN HUMAN RIGHTS COMMISSION at www.sahrc.org.za.
These Terms apply to Libstar Holdings Limited (Registration number: 2014/032444/06) including all Divisions and Subsidiaries (“Libstar” ) and to the following Website/s:
8.2.1 Your Account
You are responsible for maintaining the security of your account and are fully responsible for all activities that occur on your account. You agree to provide and maintain accurate, current and complete information, including your contact information and payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others.
Libstar may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Libstar to third party claims. You agree that Libstar may take steps to verify the accuracy of information you have provided to us.
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Libstar of any unauthorised use of your information, your account or any other security breaches. Notifications should be sent to our Information or Deputy Information officers at their details housed on our website.
Libstar will not be liable for any acts or omissions by you, including damages of any kind incurred as a result of such acts or omissions.
8.2.2 Responsibility of Users of the Websites
Your access to and use of the Websites must be lawful and must be in compliance with these Terms, and any other agreement/s between you and Libstar.
You agree not to use the Websites, for any of the following:
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Attempting to interfere in any way with the Websites, or our networks or network security, or attempting to use our Websites to gain unauthorized access to any other computer system;
• Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of the Websites, Products, and/or Services, or our provision of Services to any other users of the Websites, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Websites, overloading, “flooding”, “mail bombing” or “crashing” the Websites.
In addition, if you operate an account, contribute to an account, post material to the Websites, post links on the Websites, or otherwise make material available by means of the Websites ("Content"), you are solely responsible for the content and any harm and damages resulting from that Content. By making Content available, you represent and warrant that:
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property, you must receive written permission from your employer to post or make the Content available;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not obscene, libellous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.
If you delete Content, Libstar will use reasonable efforts to remove it from the Websites and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Libstar shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.
Libstar disclaims any liability for any harm or damages resulting from your access or use of the Websites or access or use of non-Libstar Websites.
Libstar has the right (though not the obligation) to (i) refuse or remove any Content that, in Libstar’s reasonable opinion, violates any Libstar policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Websites to any person for any reason at Libstar’s sole discretion.
8.2.3 Fees and Payments
By purchasing Products, you agree to pay Libstar the fees indicated for such Product or Service.
Configurations and prices for products on the Websites are subject to change at any time. Libstar shall at all times be entitled to modify configurations, fees, prices and quotations, unless otherwise contractually agreed.
8.2.4 Content Posted on Other Websites
Libstar cannot review all of the material, including computer software, made available through the Websites and webpages to which the Websites link, and that link to the Websites. Libstar does not have any control over non-Libstar websites and webpages and is not responsible for their contents or use. By linking to non-Libstar websites or webpages, Libstar does not represent or imply that it endorses such Websites or webpage.
8.2.5 Copyright Infringement
Libstar requires others to respect its intellectual property rights and respects the intellectual property rights of others. If you believe that material located on or linked to by the Websites violates your copyright, you are encouraged to notify Libstar. Libstar will investigate these reports and respond to all such notices as required. In order to bring infringing material to our attention, you must provide Libstar with the following information:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work;
(b) an identification of the copyrighted work and the location on the Websites of the allegedly infringing work;
(c) a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its agent or the law;
(d) your name and contact information, including telephone number and email address; and
(e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Libstar or others, Libstar may, in its discretion, terminate or deny access to and use of the Websites..
All trademarks belonging to Libstar, including the Libstar logos, and all other trademarks, service marks, graphics and logos used in connection with the Websites, Products, and Services, are trademarks or registered trademarks of Libstar or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Websites, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Websites grants you no right or license to reproduce or otherwise use any Libstar or third-party trademarks.
Where appropriate, you may close your account with Libstar at any time by sending an email to the contact details listed on the website .
Libstar may terminate its relationship with you, or may terminate or suspend the accessibility to the Websites, Products, and/or Services at any time
(i) if you breach these Terms and/or any other agreement with Libstar;
(ii) if Libstar reasonably suspects that you are using the Websites, Products, and/or Services to breach the law or infringe third party rights;
(iii) if Libstar reasonably suspects that you are trying to unfairly exploit or misuse Libstar’s policies;
(iv) if Libstar reasonably suspects that you are using the Websites, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third party fraudulently;
(v) if you fail to pay any amounts due to Libstar;
(vi) you violate any applicable law or regulation.
Upon termination of your Libstar account for the reasons above, there will be no refund of fees and you may be denied access to the Websites.
The configurations and specifications of the Websites, including without limitation all content, may be amended and/or updated from time to time, at the sole discretion of Libstar.
8.2.9 Limitation of Warranties of Libstar, Its Suppliers and Its Licensors
No advice, results or information, whether oral or written, obtained by you from Libstar or through the Websites, shall create any warranty not expressly made herein. Libstar does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data or advice expressed or implied therein, and Libstar expressly disclaims any and all liability in connection with user content and any other content, materials or information available on or through the Websites.
8.2.10 Limitation of Liability of Libstar, its Suppliers and its Licensors
Under no circumstances shall any party be liable for any indirect, consequential, incidental, special, or punitive damages, arising in any way from the use of the Websites or of any hyperlinked Websites.
In the event of damages related to legally proven or admitted intellectual property infringement, the party’s liability shall not exceed the total sums received by Libstar from the respective party during the twelve (12) month period immediately prior to the date the damages first occurred.
8.2.11 Your Representations and Warranties
Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with:
(i) a material violation of these Terms, or any agreement between the Parties, or
(ii) any allegation that any information or material (including any Content) violates any rights of any third party.
8.2.13 A Special Note About Children
The Websites are not intended for use by children under the age of 18 and we do not intentionally gather personal information from visitors who are under the age of 18. If you are under the age of 18, you are not permitted to submit any personal information to us without the consent of a parent or guardian.
DATE OF COMPILATION: 06/02/2019
DATE OF REVISION: 01/26/2011