CAPSICUM CULINARY ONLINE STUDIO TERMS AND CONDITIONS

  1. PARTIES:
    1. The parties to this Agreement are the applicant on the Student Registration Form and Capsicum Culinary Studio (Pty) Ltd
    2. The parties agree as set out below.
  2. INTERPRETATION:
    1. In this Agreement, unless clearly inconsistent with or otherwise indicated by the context:
      1. “the/this Agreement” means the agreement set out in this document and the Student Registration Form;
      2. “Capsicum” means Capsicum Culinary Studio (Pty) Ltd with registration number 2006/034218/07, a private company with limited liability registered in accordance with the laws of the Republic of South Africa;
      3. “the effective date” means the date of submission of the Student Registration form by the applicant;
      4. “the signature date” means the date of signature of this Agreement;
      5. “fees” means the fees charged and received by Capsicum from the applicant, in terms of registration and courses;
      6. “the students” mean the person to whom Capsicum has granted admission to any one of its courses;
      7. “the course” means the programme offered and conducted by Capsicum in respect of which particular programme the student has registered and enrolled;
      8. any reference to the singular includes the plural and vice versa;
      9. any reference to natural persons includes legal persons and vice versa;
      10. any reference to gender includes the other genders.
    2. The clause headings in this Agreement have been inserted for convenience only and shall not be taken into account in its interpretation.
    3. Words and expressions defined in any sub-clause shall, for the purposes of the clause of which the sub-clause forms part, bear the meaning assigned to such words and expressions in that sub-clause.
    4. This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.
  3. REGISTRATION:
    1. Capsicum confirms the student’s registration into the course upon:
      1. Completion and submission by the applicant of the Student Registration Form and requested documentation;
      2. Payment of the fees; and
      3. Confirmation by Capsicum of successful registration.
  4. ADMISSION TO CAPSICUM ONLINE CULINARY STUDIO COURSES:
    1. Capsicum reserves the right to determine whether an applicant qualifies to register for a course or not and its decision shall be final.
    2. Capsicum shall be entitled to check and verify the information submitted by a prospective student on the student registration form and make any enquiries it deems necessary and the student by his or her signature hereto, authorises such investigations as Capsicum deems necessary.
    3. Once registered, an applicant shall be bound by all the terms and conditions herein contained.
  5. OBLIGATIONS OF CAPSICUM:
    1. Capsicum undertakes to use its reasonable endeavors to train, assess and moderate the student and to assist the student, where practicable, in completing the course.
    2. Subject to the provisions of this agreement, Capsicum shall be entitled to perform its duties hereunder in such manner as it may think fit.
    3. Capsicum shall undertake to keep all student records and personal information private and confidential.
  6. STUDENT’S OBLIGATIONS:
    1. The student shall, at his/her own cost and expense, attend the examinations presented by City & Guilds at a City & Guilds examination centre.
    2. The student shall be responsible for all additional training costs such as ingredients, materials and equipment required in practical assessments and tasks.
    3. The student is liable for the payment of all fees.
    4. The student shall be liable for any costs linked to his Mentor Chef.
    5. The student shall at all times abide by the Regulations and Code of Conduct of Capsicum. Without limiting the generality of the aforegoing, the Student shall adhere to Capsicum’s policies and guidelines in respect of lodging any grievances or complaints, in respect of any course offered by Capsicum or with Capsicum itself.
    6. The student shall ensure that all information contained in the attached registration form is complete and accurate in every respect.
    7. The student shall ensure that all courses are completed within the time periods therefore allotted.
  7. TRAINING:
    1. All training and formative assessment between Capsicum and the Student will take place online.
    2. Capsicum shall make available such number of tutors as may be determined by Capsicum to mark assignments and assist students.
    3. All summative practical assessment will take place between the student and the student’s chosen Mentor Chef (a qualified industry chef), using Capsicum’s summative assessment, criteria and documents and will be verified by a qualified Capsicum Tutor Chef.
    4. Study material supplied to students may not be passed on or access given to anyone other than the registered student.
    5. Capsicum does not accept responsibility for a student’s eligibility or entry for public examinations.
  8. COOLING-OFF PERIOD:
    1. The Student has the right to return goods or services purchased from Capsicum 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. This right does not extend to the following goods and/or services:
      1. for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
      2. by way of an auction;
      3. for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
      4. for services which has begun with the consumer's consent before the end of the seven day period referred to in section 45(1);
      5. where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
      6. where the goods
      7. are made to the consumer's specifications;
      8. or clearly personalized;
      9. by reason of their nature cannot be returned;
      10. or are liable to deteriorate or expire rapidly;
      11. where audio or video recordings or computer software were unsealed by the consumer;
      12. for the sale of newspapers, periodicals and magazines;
      13. for the provision of gaming and lottery services; or
      14. for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
  9. FEES:
    1. In consideration for the obligations undertaken by Capsicum detailed above, the student is responsible for the full payment of fees to Capsicum as set out in the registration form.
    2. Any failure of the student to complete his or her training and assessment will not result in any reduction or refund of fees, except as otherwise herein set out.
    3. There will be no refund of fees for any reason except as otherwise set out in this Agreement; specifically, but without limiting the generality hereof, no student, is entitled to a refund of fees as a result of the student not completing a course, failing a course, or as a result of having been suspended or excluded from a course on the grounds of misconduct by Capsicum.
    4. Fees charged by Capsicum include exam fees, course material and license fees for the student platform and access to an online recipe text book
    5. Capsicum holds the Copy Right for the course material and it is therefore not permitted to copy or distribute the material without the consent, in writing from Capsicum.
  10. TERMINATION:
    1. The student is entitled to terminate their enrollment with Capsicum, with or without cause, at any given time, however such a termination shall be effective upon 20 (twenty) Business days written notice to Capsicum.
    2. The student is entitled to terminate their enrollment in any course at Capsicum, with or without cause, at any given time, however such a termination shall be effective upon 20 (twenty) Business days written notice to Capsicum.
    3. Capsicum reserves the right to charge the student a reasonable cancellation penalty, on termination in terms of clauses 10.1 or 10.2 above.
    4. Capsicum may, in its sole and absolute discretion, upon termination by the student, in terms of clauses 10.1 and 10.2 above, refund any fees (excluding the registration fee which is non-refundable), to the student on a pro rata basis.
  11. DEFERRAL OF ADMISSION:
    1. Requests to defer an offer of admission will be reviewed by Capsicum, on a case-by-case basis and may be granted for reasons including, but not limited to illness, military service, and travel or some other extraordinary opportunity. Supporting documentation must be provided with the application for deferment.
    2. An admission deferment may be granted for a maximum period of 1 (one) year.
    3. Requests for deferral must be made in writing to Capsicum and may only be made by students once Capsicum confirms the student’s registration, in terms of clause 3.1.
    4. Failure to meet any of these terms may result in the revocation of admission. In such a case, an applicant will need to reapply for admission to Capsicum.
  12. EXCLUSION OF DAMAGES AND THE LIMITATION OF LIABILITY:
    1. Under no circumstances will Capsicum be liable to the student for any direct, consequential, indirect, special, punitive or incidental damages, whether foreseeable or unforeseeable, based on a claim against the student by any third party, arising out of the breach or failure of any expressed or implied warranty, breach of contract, misrepresentation, negligence, strict liability in delict or otherwise resulting from the student’s use of information and/or training acquired while on the course or resulting from any advice given by the student to any third party based on instruction received by the student during the course.
    2. The student hereby indemnifies Capsicum against any claim by any third party against the student arising from any cause whatsoever or howsoever caused by implementation of any aspect of the course and the student undertake to take all reasonable steps to limit their liability in this regard.
  13. INDEMNITY:
    The student fully understands and accepts that all practical course activities shall be undertaken at the student’s own risk and on behalf of themselves, their spouses, their executors and the student to indemnify, hold harmless and absolve Capsicum, its associated companies and organisations and their employees and representatives acting in such capacity, against and from any claims whatsoever which may arise in connection with any loss and/or damage to the person and/or property of the student in the course of such activities;
  14. NOTICES AND DOMICILIA:
    1. The parties choose as their domicilium citandi etexecutandi their respective addresses set out in the registration form for all purposes arising in connection with this Agreement, at which addresses all the processes and notices arising out of or in connection with this Agreement, if breach or termination may validly be served upon or delivered to the parties.
    2. Any notice given in terms of this Agreement shall be in writing and shall:
      1. if delivered by hand, be deemed to have been duly received by the addressee on the date of delivery;
      2. if delivered by a recognised international courier service, be deemed to have been received by the addressee on the first business day following the date of such delivery by the courier service concerned;
      3. if delivered by registered mail, be deemed to have been duly received 8 (eight) days after postage thereof.
      4. if transmitted by facsimile, be deemed to have been received by the addressee one business day after dispatch.
      5. If delivered by electronic mail, be deemed to have been duly received upon delivery of a written receipt from the recipient’s server.
    3. Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the parties from another including by way of facsimile transmission, shall be adequate written notice or communication to such parties.
  15. BREACH:
    1. Should any party (“the defaulting party”) commit a breach of any of the provisions of this Agreement, then the other party (“the aggrieved party”) shall be obliged to give the defaulting party 7 (seven) days written notice, to remedy the breach. If the defaulting party fails to comply with such notice, the aggrieved party shall be entitled to claim immediate payment and/or specific performance by the defaulting party of all the defaulting party’s obligations whether or not the due date for payment and/or performance shall have arrived, in either event without prejudice to the aggrieved party’s rights to claim damages. The aforegoing is without prejudice to such other rights as the aggrieved party may have in law.
    2. Where Capsicum breaches the Agreement, Capsicum’s liability to the student is limited to the fees paid by the student, to Capsicum and the parties agree that the student shall not be entitled, under any circumstances whatsoever or howsoever arising, to recover amounts expended by the student in respect of the student’s travelling, accommodation and subsistence costs.
  16. CONSENT TO MAGISTRATE’S COURT:
    For the purposes of all or any proceedings herein, the parties hereby consent to the jurisdiction of the Magistrate’s Court Act of 1944, as amended, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said Court pursuant to Section45 of the Magistrate’s Court Act of 1944, as amended. Notwithstanding the aforegoing, Capsicum shall have the right at its sole option and discretion to institute proceedings in any other competent Court, which might otherwise have jurisdiction.
  17. MISCELLANEOUS:
    1. Warranties:
      1. Each party warrants to the other party that it has the power, authority and legal capacity to sign and perform this Agreement.
      2. Capsicum does not warrant that an extension shall be given to any student who does not complete the course within the time period therefore allotted.
      3. The student warrants that use of Capsicum’s online studio and all related content thereon will be entirely at their own risk and the website and all of its contents are provided on as “as is” basis and Capsicum makes no representations or warranties of any kind, whether express or implied, to the accuracy of the contents of the website and Capsicum does not warrant that the website’s functions will be uninterrupted or error free or that the site or its server is free from viruses or other harmful components.
      4. The student warrants that Capsicum, its agents or suppliers, shall not be responsible for any direct or indirect special consequential or other damage of any kind whatsoever suffered or incurred by you, related to your use of, or your inability to access or use, the content or the website or any functionality of the website or of any linked website, even where Capsicum is expressly advised thereof and the student will indemnify Capsicum, its owners, directors, employees, officials and agents and keep them fully indemnified, from and against any loss or damage suffered or liability incurred in respect of any third party, which arises from your use of the website.
    2. Payment and Interest:
      1. All payments in terms of or arising out of this Agreement shall be made free of bank exchange, commission and all other deductions to the party entitled thereto.
    3. Whole Agreement:
      1. This Agreement constitutes the whole Agreement between the parties as to the subject matter hereof and no agreement, representations or warranties between the parties other than those set out herein are binding on the parties.
    4. Variation:
      No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the parties or their duly authorised representative.
    5. Relaxation:
      No latitude, extension of time or other indulgence which may be given or allowed by any party to any other party in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement and no single or partial exercise of any right by any party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect of that party’s rights in terms of or arising from this Agreement or stop such party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.
  18. COPYRIGHT:
    It is not permitted to copy or distribute the material without the consent, in writing from Capsicum.
  19. SYSTEM AND TECHNICAL REQUIREMENTS:
    1. Technical:
      1. A smart device to take, download and share photos and videos.
        Most students prefer to use a smartphone and any digital camera can be used.
      2. A way to view lessons and videos. Viewing lessons and videos can be done on any computer, smartphone, or tablet.
      3. A way to write and edit documents. For editing documents, a keyboard and mouse are ideal.
      4. A way to scan, upload and share documents.
    2. System:
      1. Operating System: Windows 7 or newer, Mac OSX or greater, Chrome OS
      2. Tablet, Phone OS: Android 4+/ iOS 6+
      3. Internet Connection: ADSL/Broadband high-speed internet
      4. Please note: If your internet speed is lower than the following recommendations, you may experience long load times and media buffering.
      5. Download speed: 25 mbps (or higher
      6. Upload speed: 6 mbps (or higher).
      7. Computer Processor: SSE2 compatible
      8. Dual Core 2GHz or higher.
      9. Computer Memory: 4 GB RAM or greater.
      10. Screen Resolution: 1024 x 768 minimum
    3. Browser:
      1. Safari 5.1+, Chrome 27+ (including ChromeBooks), Firefox 21+, Internet Explorer 10+, Opera 12+
    4. Other:
      1. For Media File Downloads Only, Excel 2003+, Word 2003+, All PDF readers
  20. PROPRIETARY MATERIAL AND INTELLECTUAL PROPERTY:
    The student acknowledges that all of the “materials” – including but not limited to the Capsicum, the Program, curricula (as expressed in Course, Modules, the ESP, the Capsicum ePortfolio and elsewhere) concepts, techniques, methods, and other information, including any downloads, such as digital recordings and documents to which the student is exposed in connection with any part of the Capsicum programme, whether orally or in writing, are the sole property of Capsicum. The student acknowledges that Capsicum has invested extensive resources in developing the materials, and that the materials are commercially valuable and confidential property of Capsicum. Capsicum reserves all ownership right to these materials. The student will not reproduce, copy or otherwise duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the materials or ESP structure and content without the express prior written consent of Capsicum. Capsicum also reserves all ownership rights over it’s intellectual property, which includes any copyrights, trade name, trademarks, logos, or service marks it owns such as “Capsicum Culinary Studio” (collectively, the “logo trademarks”), as well as all “materials” as defined herein. The student shall not use any of the name trademarks, including, in particular, “Capsicum Culinary Studio”, with or without additional words or letters, as either: (1) a business name; (2) a slogan; (3) a domain name or sub-domain name; (4) with the fist letters of each word in lower case (e.g. “Capsicum Culinary Studio’); or (5) in any other manner that infringes or dilutes Capsicum’s rights in it’s trademarks. The student may, however, use any of the name trademarks when referring to Capsicum and to refer to the student’s academy of training with proper placement of the TM notice. The Capsicum Student Portal and Capsicum ePortfolio are trademarks of Capsicum Online. Capsicum Culinary Studio’s logo, trademarks, Capsicum ePortfolio, the Capsicum Student Portal and the logo may never be used without express written permission from Capsicum Culinary Studio

CAPSICUM CULINARY STUDIO (PTY) LTD ONLINE END-USER LICENSE AGREEMENT (EULA)

  1. DEFINITIONS:
    1. In this Agreement, unless inconsistent with or otherwise indicated by the context –
      1. “the/this Agreement” refers to this Online End-User License Agreement;
      2. “Capsicum” refers to Capsicum Culinary Studio (Pty) Ltd , Registration Number: 2006/034218/07, a private Company duly registered in terms of the Laws of the Republic of South Africa;
      3. “Intellectual Property” refers to all present and future intellectual property rights in and to the Website and Website Contents and the documentation, in whole or in part, including but not limited to trademarks, all rights of copyright (whether existing now or in the future) together with all related know-how, source codes, confidential information and all rights of a similar character whether registered or capable of being registered and all applications and rights to apply for protection of same, wherever the rights arise in the world;
      4. “Login Details” refers to the combination of a user name and password, ascribed to every User in terms of clause 8 below;
      5. “the Service” refers to the service provided to User’s by Capsicum as depicted in clause 4 below;
      6. “the Student/s” refers to all individuals and entities registered and enrolled with Capsicum as online students and accessing the Website for the purposes of online studies;
    2. “the User” refers to all individuals and entities accessing the Website for any reason;
    3. “the Account/User Account” refers to the account created for the User by Capsicum on registration and enrolment of the User for online studies;
    4. “Third Party” refers to any other person subscribing to the Service, requesting information from Capsicum or from whom Capsicum obtains certain materials or provides a service to Capsicum in connection with the Website. ;
    5. “the Website” refers to www.capsicumcooking.com , or such other website which may be prescribed by Capsicum from time to time;
    6. “Website Content” refers to all content on the Website including, but not limited to, software, images, documents, pictures, videos, audio and text.
  2. CONSENT AND DURATION:
    1. Access to the Website, the Service and Website Contents is subject to the terms and conditions of this Agreement, the Copyright Notice, Code of Ethics and Privacy Policy.
    2. The User immediately accepts the terms and conditions of this Agreement and is automatically bound by them, upon initial access to the User’s Account, as stipulated in clause 8 below.
    3. This Agreement shall immediately commence upon initial access and shall continue on an indefinite basis until termination is effected in terms of clause 22 below.
  3. GRANT OF RIGHTS:
    Subject to the provisions of this Agreement, Capsicum grants the User a non-exclusive, personal, non-commercial and non-transferable right to use the Website and Website Contents.
  4. DESCRIPTION OF MAIN SERVICES:
    This Agreement sets out the terms and conditions relating to Capsicum’s service of providing online culinary training in terms of learning courses, modules and study programmes offered to Users through the Website. Specific information and detail pertaining thereto is stated on the relevant web pages and is subject to change in terms of clause 19 below.
  5. FEES:
    1. The study fees for various courses, modules and programmes are contained on the relevant web pages and are subject to change in accordance with in clause 19 below.
    2. All study fees include the costs of any requisite study material and are VAT exclusive.
  6. PAYMENT OPTIONS:
    1. All study fees are to be paid in full to Capsicum upon registration of the User and must be effected by way of credit card payments or Electronic Fund Transfers (EFTs).
    2. Capsicum reserves the right to use Third Party electronic payment processes and/or financial institutions to process payments made by and to the User in connection with the User’s utilisation of the Service, the Website and the Website Content.
  7. STUDY MATERIAL:
    1. All study material is provided to the User by Capsicum upon payment of the study fees as specified in clauses 5 and 6 above.
    2. All study material is provided online and made available to the User through the User Account, accessed via Capsicum Online Portal.
    3. The downloading of any study material is done at the sole and absolute risk of the User.
  8. REGISTRATION AND USER ACCOUNTS:
    1. Each User will receive a unique user name and password when registered and enrolled by Capsicum as an online student.
    2. Each User will be able to access their individual User Account by inserting their Login Details through the Capsicum Online Portal.
    3. Each User will only have access to the Service and Website Contents upon admittance to their Account through the Academic Portal, as set out in clauses 8.1 and 8.2 above.
  9. SECURITY:
    1. The User is required to change his/her password on a monthly basis, failing which, Capsicum reserves the right to suspend or terminate the User’s Account in accordance with clause 22 below.
    2. The User undertakes not to disclose his/her Login Details to any other person or permit any other person to utilise the Service or Website Contents through the User’s Account.
    3. The User agrees that:
      1. he/she is solely responsible for all use of the Service and Website Content, accessed through the User’s Account, with or without the User’s authorisation;
      2. he/she may be held criminally or civilly liable for any damage, loss or liability suffered by Capsicum as a result of any such authorised or unauthorised access; and
      3. he/she shall only have one User Account with Capsicum and shall not open multiple accounts with Capsicum.
  10. AUTHORITY:
    Capsicum retains authority over the issuing, maintenance and closing of any User’s Account on the Website and any decision, in regards thereto, is taken at the sole and absolute discretion of Capsicum and is not subject to review or appeal.
  11. PRIVACY:
    Capsicum’s Privacy Policy covers all details in relation to the protection of the User’s right to privacy in his/her use of the Service and his/her User Account. The Privacy policy can be accessed on the Website and should be read carefully by the User, who by agreeing to the provisions of this Agreement, simultaneously agrees to the terms and conditions contained in the Privacy Policy.
  12. INTELLECTUAL PROPERTY:
    1. The User agrees that:
      1. save for the limited rights to use the Service as set out in this Agreement, the User has no rights to and/or title in, to or in respect of the Intellectual Property found on the Website, including but not limited to, software, text, graphics, icons, hyperlinks and designs;
      2. the Intellectual Property found on the Website is the property of, or licensed to, and strictly reserved by Capsicum and as such are protected by infringement by local and international legislation and treaties; and
      3. in his/her use of the Website he/she obtains no rights to any of the Website Content, or any part thereof.
  13. DISCLAIMER:
    1. Capsicum disclaims any and all warranties, expressed or implied, in connection with the Website Content and technology available from the Website, which is provided to the User “AS IS”.
    2. Capsicum does not make any warranty that use of the Website will be uninterrupted, timely or error free, that defects will be corrected or that the Website or the Website Contents or the technology used to provide the Website shall be free from viruses, bugs or any contaminants.
    3. The User acknowledges that the Website and Website Contents are used solely at his/her own risk and that is it the sole responsibility of the User to satisfy himself or herself that the Service available from and through these Websites will meet the User’s individual requirements and will be compatible with the User’s hardware and/or software.
    4. It is specifically recorded that any Information, ideas and opinions expressed on the Website do not represent the official opinion of Capsicum, unless otherwise expressly provided.
    5. Hyperlinks provided on the Website to other sites are provided “AS IS” and Capsicum warrants that it does not necessarily agree with, edit or sponsor the content provided on such other sites. Any materials contained in such other sites are accessed at the sole risk of the User and Capsicum does not claim any responsibility for any damage or loss suffered by the User as a result of the accessed material.
  14. SOUTH AFRICAN LAW:
    This Agreement is governed and interpreted according to the Laws of the Republic of South Africa as well as applicable Public International Law, specifically relating to intellectual property rights, electronic information and privacy policies.
  15. ENTIRE AGREEMENT:
    This Agreement constitutes the entire agreement between the User and Capsicum and supersedes any previous agreement, understanding or arrangement between the User and Capsicum.
  16. SELF REGULATION, ACCREDITATION AND CODE OF ETHICS:
    1. Capsicum confirms the following:
      1. Capsicum offers City and Guilds qualifications which are available on the United Kingdom National Vocational Qualifications (NVQ) framework.
      2. Capsicum is registered as a member of WACS (World Association of Chef’s Societies).
      3. Capsicum is a member of the Federated Hospitality Association of South Africa (FEDHASA).
      4. Capsicum is a registered training provider for the South African Chef’s Association (SACA).
      5. Capsicum is in partnership with the Swiss Education Group (SEG), the world’s leading Hospitality Education network.
    2. Capsicum’s Code of Ethics covers all details pertaining to the conduct and ethical standards applicable to Capsicum staff and Students. The Code can be accessed on the Website and should be read carefully by the User.
  17. SEVERABILITY:
    Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
  18. DOMICILIUM CITANDI ET EXECUTANDI:
    Capsicum chooses the following address as its domicilium citandi et executandi in respect of all purposes arising out of or in connection with this Agreement at which address all processes and notices arising out of or in connection with this Agreement may validly be served upon or delivered to Capsicum:
    Physical Address: 6th Floor
    Rex Trueform Office Park
    263 Victoria Road
    Salt River
    7925
  19. AMENDMENTS:
    1. Capsicum reserves the right to update or modify this Agreement, or any part thereof, at any time and without notice to the User or acquiring the User’s prior written consent.
    2. The User will be bound by the amended terms and conditions of this Agreement within 14 days of such amendments being posted on the Website.
  20. DISPUTE:
    In the event of any dispute arising between the User and Capsicum, of any nature whatsoever, in relation to any matter provided for or arising out of this Agreement, South African law will apply and the appropriate courts of South Africa will have jurisdiction.
  21. CESSION AND ASSIGNMENT:
    1. The User shall not be entitled to cede, assign or transfer any of his/her rights or obligations under this Agreement without the prior written consent of the Capsicum.
    2. Capsicum shall be entitled to cede, assign and transfer any of its rights under this Agreement without providing prior notice or without the User’s consent, subject to the Third Party being bound by the Privacy Policy and Code of Ethics.
  22. TERMINATION AND BREACH:
    1. Capsicum reserves the right to take any action as it sees fit should the User breach any terms and conditions of this Agreement, including but not limited to, termination of this Agreement.
    2. Upon termination of this Agreement, Capsicum reserves the right to block the User’s access to the Service and terminate the User’s Account on the Website.
    3. The User agrees to fully indemnify Capsicum from and against all claims, howsoever caused, which may arise due to:
      1. the User’s breach of this Agreement;
      2. violation by the User of any governing law or any third party rights;
      3. use by the User of the Service or use by any other person of the Service, accessed through the User’s Account, with or without the User’s consent.
  23. GENERAL INFORMATION:
    1. Capsicum may be contacted at the following addresses:
      1. Postal Address: P.O. Box 486
        Rondebosch
        7701
      2. Physical Address: 6th Floor, Rex Trueform Office Park
        263 Victoria Road
        Salt River
        7925
      3. E-mail: onlinechef@capsicumcooking.co.za
      4. Website: www.capsicumcooking.com