CLIENT USAGE

Terms of Use | Privacy Policy | POPI.

COMPULSORY MULTIPURPOSE ENGAGEMENT AGREEMENT

This is an obligatory agreement between ENTERTAINMENT ONLINE (PTY) LTD | REG (2026/304448/07), hereafter referred to as "The Business," and any person(s) or legal entity(ies), including but not limited to:

  • “User”
  • “Data Subject”
  • Any individual acting in their private or business capacity and informally or casually engaging with “The Business”
  • Any supplier or trader doing business with “The Business”
  • Any client or member of the general public engaging with “The Business” in any capacity
  • Any staff member, contractor, or third-party supplier of “The Business”
  • Any member of the media, international entity, or any government entity or regulator.

The above individuals or entities are hereafter referred to as the “Engaging Member” / “Engaging Members” and the second party to this “Compulsory Multipurpose Engagement Agreement,” and are duly legally bound upon acceptance of this agreement.

ACCEPTANCE / REJECTION CLAUSE

  1. For the “Engaging Members,” this Agreement contains the terms and conditions upon which the use of “The Business’s” services, products, assets, resources, digital tools, employment opportunities, contract opportunities, trade opportunities, facilities, or casual informal engagement of any sort is fully reliant. Any person or legal entity that does not wish to fully accept the details, conditions, or terms included within this Agreement, or feels that by engaging or accepting it, their rights or liberties may be infringed upon, must cease engagement immediately. If warranted, they may submit a written objection or share their official desire to “opt out” using the email action@entertainment-online.co.za.
  2. Any person or entity who continues to engage in light of or in spite of the terms in Section 1 above, after being made aware of them, will therefore be considered to be fully accepting and opting in as an “Engaging Member” and a legally binding party of this Agreement, without any further written or verbal confirmation required from them.
  3. The terms of this Agreement may be updated without further notice, and therefore, it is a strict condition that the “Engaging Members” should review this Agreement with each new instance.
  4. The provisions of this Agreement represent a combined and universal single agreement that aims to consolidate and ease the sharing and understanding, as well as the enactment of responsibilities and rights for all parties, to cover legal and regulatory provisions for:

For all the provisions/regulations above, “The Business” has the full intent to accommodate and support the “Engaging Members” who in turn agrees to operate in good faith and with constructive intent.

SECTION 1

  1. “The Business” is a commercial entity dealing with, but not limited to, the contracting and procurement of entertainers and related professionals for events.
  2. “The Business” can be contacted via email at action@entertainment-online.co.za or through WhatsApp messaging at +27793740749.
  3. An “Engaging Member” can request further particulars, such as but not necessarily limited to the registered address, bank verification, BEE Status document, and tax clearance of “The Business,” using the contact information provided above. However, “The Business” reserves the right to first authenticate that the request is genuine in nature and made in good faith and not with malicious intent.
  4. “The Business” will comply with any court or legal order to provide additional information.
  5. “The Business” legal representative (for the service of formal legal documents) is Mrs. M. Scheepers | michelle@ps-law.co.za | 5 De Havilland Crescent, Amalfi Suite, Persequor Technopark, Pretoria, 0020.
  6. “The Business” Information Officer and Primary Office Bearer is Mr. JP Klein | jp@lawyers-online.co.za, who can also be reached for any complaint escalation, correction and deletion, or formal objection.

SECTION 2

  1. “The Business” obtains and gathers information and content from various sources, including but not limited to websites, AI Search, social media, information that has been shared or made public, digital communication (including but not limited to chatbots, forms, and emails), phone interactions, suppliers (including but not limited to hosting services and third-party information providers), printed materials, and public sources in the public domain, as well as cookies and tracking software.
  2. An “Engaging Member” accepts that “The Business” will use information for “permissible purposes” to:
    1. Stay in contact with you,
    2. Maintain and update a database,
    3. Provide or offer resources, services, or products,
    4. Improve our services,
    5. Communicate needs and intent to, but not limited to, staff, agents, suppliers, or service providers,
    6. Market services or new offerings via any or all of its digital platforms,
    7. Respond to or attend to reputational or legal matters.
  3. “Engaging Members” information will only be used for the permissible purposes listed above and for similar permissible purposes by other legal trading entities with the same shareholders as “The Business.”
  4. “The Business” will not sell information under any circumstances.
  5. An “Engaging Member” in this context can be defined as a ‘Data Subject’ or ‘User’ in terms of POPIA and has all the rights afforded by POPIA as a consequence. “The Business” will fully support the rights and protections afforded by POPIA and undertakes to respond within 72 hours of receipt of a written submission (during working hours, excluding public holidays or company annual closure dates).
  6. “The Business” reserves the right to pursue legal action against any “Engaging Member” who provides falsified, misleading, or manipulated data or information for their own personal gain or interest.

SECTION 3

  1. All information / data / content published on “The Business’s” digital or public platforms, marketing materials, or resources and assets (“The Business Platforms”) may include a variety of: text, images, video, literary works, musical works, artistic works, sound recordings, cinematography, sound and television broadcasts, program-carrying signals, and published editions. All such content is subject to copyright under the Copyright Act.
  2. Unless an “Engaging Member” receives “The Business’s” written permission, they shall not copy, reproduce, adapt, broadcast, transmit, publish, sell, license, share, or in any way deal / trade with the information / data / content.
  3. Nothing contained within “The Business Platforms” may be construed by the “Engaging Members” as granting, by implication, estoppel, or otherwise, any license or right of use to any mark or content.
  4. Where applicable, “The Business” has obtained a license or permission from the 'Content Owner' or “Engaging Members” to publish, share, or process information or content not owned by “The Business,” but which aligns with the permissible purposes or reasonable needs or applications of “The Business.”
  5. “The Business” will not use information or content contrary to the details contained within this agreement. However, should “The Business” inadvertently publish, share, or process content reasonably believing it to be open source, free to use, or under Fair Use/Fair Dealing, and the “Owner” or any “Engaging Member” becomes aware and wishes to object, they can notify “The Business” in writing via email.
  6. “The Business” reserves the right to make any changes to any of its platforms at any time and without further notice.

SECTION 4

Usage Levels

  1. Casual Use (Passive)
    The “Engaging Members” may visit or use “The Business’s” platform passively: browse, view, read, watch, or listen to content without providing personal identifying information or data. They understand that certain platforms do record IP addresses and general analytics. Casual use does not include engaging with any of “The Business’s” platforms via digital communication, forms, downloads, comments, or any active participation.
  2. Unsolicited Information
    If an “Engaging Member” posts, writes, sends, or shares unsolicited, ill-intended, bad faith, harmful, or unrequested content or information onto or about “The Business” via its platforms, staff, or representatives, the “Engaging Member” grants “The Business” a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media or platform.
    1. In addition, the “Engaging Member” also grants the right to use the name of the person and entity included with the submission connected with such information.
    2. Furthermore, the “Engaging Member” warrants that they own or otherwise control all of the rights to the content/information that they post; that the information is accurate; that by supplying the information to “The Business” or posting/sharing it with “The Business,” they do not violate any policy or law, or infringe on the rights of any person or entity; and that they indemnify “The Business” for all claims resulting from their own actions.
  3. Solicited Information the “Engaging Members” Give to “The Business” (Active)
    This is the principal user level and most frequently involves an “Engaging Member” with respect to trade, contracts, or commercial matters.
    1. “The Business” requires certain personal information or data to engage with an “Engaging Member” and/or process transactions if the “Engaging Member” desires or requests this. “The Business” receives and stores all information (for between 1 and 5 years) that the “Engaging Member” provides or shares in this instance. The “Engaging Member” may choose not to provide certain information or data, but that may limit the level of engagement or services or products that the “Engaging Member” may obtain or benefit from at “The Business.”
    2. “The Business" trades, provides, transacts, or deals in services and limited products in conjunction with suppliers, affiliates, agents, subsidiaries, and third parties. In this regard, unless specifically restricted by the “Engaging Member,” they concede to “The Business” having a non-exclusive, perpetual, irrevocable, and fully sub-licensable right to use, save, share, process, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information for the purposes of the task or process at hand.

SECTION 5

  1. Promotional Information. “The Business” aspires to provide first-class service / or experience with “Engaging Member/s”, which necessitates that it processes information or data or content as outlined in this agreement but extends that right to the “Engaging Member/s” to opt-out of such information via written email.
  2. Business / Entity Transfers. “The Business” will not transfer “Engaging Member/s” Information / Data or Content to a new party or trading entity not owned by its Shareholders without first publishing a ‘User’s Notice’ and allowing for a window of opportunity to object.
  3. Lawful Purposes. When “The Business” is served with due legal process requiring the hand over / delivery of personal customer Information / data / content of a “Engaging Member/s” / Data Subject, it has the legal duty to abide by that demand, and will do so.
  4. Access to and Use of Information.
    1. “The Business” receives various types of information and data from “Engaging Members” and takes every reasonable effort to protect that information, data, and content, including their participation in this agreement. Additionally, information is stored in limited locations, and access is granted on a need-to-know basis. “The Business” also utilizes reasonable firewall and antivirus software on its equipment. As a web based business, most data / information / content is saved or processed on personal staff or supplier own devices.
    2. Despite reasonable steps and precautions, it is possible for digital communications, information, data, or content to be intercepted and/or stolen by criminals or other “Engaging Members.” Therefore, all “Engaging Members” accept that information, personal privacy, and Data Subject information or content cannot ever be 100% secure, and they fully indemnify “The Business” from any damages or losses, directly or indirectly, that may result from an information or data breach or any information or content-related crime.
    3. “The Business” explicitly denies permission and usage to any third party or external organizations to use its staff, suppliers, or any technology, including but not limited to search bots, crawling technology, AI, algorithms, software, or apps, to assess, process, index, review, copy, create reports, or share content or details of its resources with the intent to prejudice the organization or its staff, suppliers, users, or agents in any way. Any third party or external organization found guilty of such an offense is hereby notified that “The Business” reserves its rights under South African law to claim for losses, damages, and costs.
    4. “The Business” has granted Google, Meta, and Mailchimp limited permission and access to “The Business’s” platforms, data, and content for business-related purposes to aid in marketing and other reasonable business functions. “Engaging Members” understand that this may expose their content, data, or information, and therefore extend this as permissible use in this agreement.
  5. Online Payments. Should an “Engaging Member” offer or provide their bank, debit, or credit card information via “The Business’s” third-party online payment gateway for the purpose of payment for a service or product, the “Engaging Member” indemnifies “The Business” from any and all losses or damages if the payment platform fails, is breached, hacked, subjected to cybercrime, or faces a technical problem. “The Business” does not save credit card information on any of its internal systems. No refunds or losses can be claimed from “The Business,” and an “Engaging Member” can opt to make a payment via direct EFT from their own bank platform to avoid this risk.
  6. Jurisdiction. “The Business” and its resources operate within the Republic of South Africa and make no representation that the privacy, information, data, or content are appropriate for use in another country unless otherwise detailed in official agreements pertaining to that particular matter.
  7. Consent to Jurisdiction. The “Engaging Members” consent to the jurisdiction of the Western Cape High Court. If any term of this agreement is found by a court to be invalid or unenforceable, that term will be excised, and the balance of the terms shall remain enforceable.
  8. Disclaimer. “The Business” platforms and communications, as well as all content (current and future), are provided on an “as is” basis and may include inaccuracies, including but not limited to typographical or technical errors. “The Business” offers no warranty or representation as to the availability, accuracy, or competence of the information, content, or data. “Engaging Members” agree not to hold “The Business” responsible for any direct, indirect, consequential, or other damages of any kind whatsoever suffered or incurred.
  9. Recording of Engagements. The “Engaging Members” accept that “The Business” does record voice, video, online consultations, and conversations or engagements for record-keeping, training purposes, and marketing purposes, and consent to this.

SECTION 6

  1. Automatically Available Records
    “The Business” allows for service/product descriptions, public marketing brochures, social media, and blog content to be automatically available.
  2. Records Available on Request
    Subject to conditions, operational financial records, human resources files, internal emails, and supplier agreements are available upon request, but subject to conditions.
  3. Access to Additional Information
    To access additional information, a written request with specific details must be prepared, along with a motivation presenting the reason and right being exercised. This request will receive attention within 3 working days. The subject line of this email must detail “PAIA Request for Access to Record.” - The right to information is not absolute, and the Information Officer can, and in some cases will, refuse an information request based on Chapter 4 of the related Information Act.
  4. Fees Structure and Fees Clause
    Unless otherwise stipulated in a formal quote or contract, any fee or price detailed by “The Business” is 100% fee upfront and non-refundable.

SECTION 7

  1. Cooling-Off Period
    In the instance that an “Engaging Member” receives a formal quote or contract and accepts it via any written method or using any available digital acceptance method, “The Business” observes a 7-Day "Cooling-Off" Period from the first date of any instance of any type of acceptance received.
  2. Service and Digital Trade
    “The Business” operates primarily in web-based and service-based digital trade; therefore, physical products are rarely included within a trade deal. A Return and Refund Policy will be shared when applicable. “Service-based” and “Digital services” cannot be returned as we trade in professional time only. A refund will never be offered or a condition of trade, ‘time’ cannot be re-funded, or re-provisioned or recovered without further costs to “The Business”. For the same reasons, there is no Implied Warranty of Quality, as professional time differs per individual and is therefore subjective to various levels. There is also no Repair, Replacement, or Full Refund policy for professional time.
  3. Terms of Trade
    An “Engaging Member” will receive terms of trade in writing for consideration in an official quote or service level agreement. These terms are on a per-service basis and customized for each instance. Such documents will also share provisions for cancellations, disputes, and associated risks.
  4. Marketing Communications
    “The Business” confirms that marketing communications will be limited to business hours unless it is paid marketing content on public media or digital platforms, which may run any day or hour.

SECTION 8

  1. Mandatory “Engaging Member” Due Diligence
    “The Business” reserves the right to request documentation in instances including, but not limited to, supplier onboarding. This documentation may include ID books, smart cards, citizenship certificates, passports, official proof of residence (less than 3 months old), official company documents, official bank details, and tax clearance. “The Business” reserves the right to freeze or refuse service, reject an application, or immediately freeze a trade deal, website feature, content, or information if the “Engaging Member” fails to provide the requested FICA documentation or if the provided data is suspected to be fraudulent.
  2. Reporting Obligations
    “The Business” is legally obligated under Section 29 of FICA to report any suspicious or unusual transactions directly to the Financial Intelligence Centre (FIC). “The Business” cannot and will not notify the “Engaging Members” if a suspicious activity report has been made against them.
  3. Accuracy of Information
    “Engaging Members” guarantee that the information and identity documents/data shared or provided to “The Business” are 100% accurate, truthful, and valid.

END OF AGREEMENT

Entertainment Online