BUDDY- Africa Consumer Care Bot T’s and C’s

TERMS OF USE FOR CONSUMER CARE BOT APPLICATION

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR CONSUMER CARE BOT

These terms of use (“Terms of Use”) tell you the rules for using the consumer care bot application of Coca‑Cola Africa (Proprietary) Limited (the “bot application”).

1.  WHO WE ARE AND HOW TO CONTACT US

The bot application is owned by Coca‑Cola Africa (Proprietary) Limited, a company registered under the laws of the Republic of South Africa and with registered office at Oxford and Glenhove, Building 1, 116 Oxford Road, Houghton Estate, Johannesburg, 2198 ("Coca‑Cola Africa", "we", "our" and "us"). The bot application is managed by Coca‑Cola Africa.

See below alternative ways to contact us other than via the bot application:

• using the Contact Form when made available on our www.coca-cola.co.za website

• send us an email to the following address: ccsainfo@coca-cola.com

• call us on 0860 112 526 

• write to us at the following address: Oxford and Glenhove, Building 1, 116 Oxford Road, Houghton Estate, Johannesburg, 2198 address to the Consumer Care Team

2. Use of the bot application and age limit

By using the bot application, you accept these Terms of Use and confirm and agree to be bound by, and to comply with these Terms of Use. If you do not agree to these Terms of Use, please do not use the bot application. We reserve the right to make changes to the bot application and these Terms of Use at any time. We recommend that you print a copy of these Terms of Use for future reference.

Any persons under the age of 18 (eighteen) (with or without consent from their parent or guardian) cannot use the bot application for alcohol related queries or any other matter concerning any of our alcohol brands.

For non-alcoholic products, if you are under the age of 18, you need consent from your parent or guardian to use the bot application.  Where age restrictions apply, it will be clearly marked on the bot application, and you may be asked to verify your age before proceeding.         

3. ADDITIONAL TERMS THAT APPLY TO YOU

Coca‑Cola Africa respects your privacy and your personal information. We collect personal information on our bot application. We take measures to protect your personal information and to keep it confidential. Further details on how we collect your personal information, protect your personal information and how we handle it, can be found on our Privacy Policy/Privacy Notice (link belowBelow are links to our Privacy Policy/Privacy Notice and the Cookie Policy:

· Our Privacy Notice: https://www.coca-cola.co.za/privacy-policy

· Our Cookie Policy: https://www.coca-cola.co.za/cookie-policy

YOU ARE REQUIRED TO READ AND UNDERSTAND OUR PRIVACY POLICY/PRIVACY NOTICE AND COOKIE POLICY BEFORE YOU PROCEED TO USE THE BOT APPLICATION. BY USING THE BOT APPLICATION, YOU CONFIRM AND ACKNOWLEGDE THAT YOU HAVE READ, UNDERSTOOD OUR PRIVACY POLICY/PRIVACY NOTICE AND OUR COOKIE POLICY AND THAT OUR PRIVACY POLICY/PRIVACY NOTICE AND COOKIE POLICY APPLY TO YOU.

4. WE MAY MAKE CHANGES TO THESE TERMS OF USE

We may amend these Terms of Use from time to time. You acknowledge and agree that your continued access to and use of our bot application constitutes your acceptance of such changes.

5.  WE MAY MAKE CHANGES TO OUR BOT APPLICATION

We may update and make changes to our bot application from time to time to reflect changes to our products and to provide the best possible experience to our users, with relevant content. You acknowledge and agree that the form and nature of the content of our bot application may change without prior notice.

6.  WE MAY SUSPEND OR WITHDRAW OUR BOT APPLICATION

We do not guarantee that our bot application, or any content on it, will always be accessible or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our bot application for business and operational reasons. We will endeavour to give you reasonable notice of any suspension or withdrawal. We accept no liability or responsibility for any access issues you may experience.

7.  PROPRIETARY RIGHTS IN CONTENT

This bot application and its contents, including all text,  images, information, data, databases content  and software ("Content") are owned and therefore are the property of Coca‑Cola Africa or The Coca‑Cola Company or their respective subsidiaries, sponsors or affiliates (collectively the "Affiliates" referred to) or its content suppliers or licensors as the case may be, and are protected by local and international copyright laws and treaties. All rights are reserved unless expressly stated otherwise.

The Content is protected by copyright and trademark laws and other intellectual property rights. You are permitted to view and use the Content only for your own personal, non-commercial use. You are expressly prohibited from incorporating any of the material from this bot application in any other work, publication, or website of your own or belonging to another. You must not use any images or information or content on our bot application for commercial purposes without first obtaining a licence to do so from us or our licensors. Your use of any of the Content, except in accordance with these Terms of Use, without the written consent of the content owner is strictly prohibited. Any unauthorised use of the images, information and any of the Content may violate copyright laws, other intellectual property laws, privacy laws as well as communications regulations and statutes. We do not give any commitment that your use of materials displayed on our bot application will not infringe rights of third parties.

UNAUTHORISED USE OF THE BOT APPLICATION OR ANY OF THE CONTENT (INCLUDING WITHOUT LIMITATION ANY SOFTWARE MADE AVAILABLE THROUGH THE BOT APPLICATION) MAY RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

8. USER-GENERATED CONTENT

We may include features on our bot application that allow you to share your content with us and other users of our bot application. By sharing content other than your personal information through the bot application, your content may become publicly accessible.

To the extent permitted by law, you hereby grant Coca Cola Africa and its affiliated entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and licence, without compensation to you:

9. YOUR USE OF THE BOT APPLICATION AND RULES OF CONDUCT

The use of the bot application and its content for purposes other than private is prohibited.

You must comply with all applicable rights, rules and laws when using this Bot application.

You may only use the bot application for lawful purposes. In addition to other restrictions or prohibitions provided elsewhere in these Terms of Use, you must not:

- distribute, modify, copy, transmit, perform, reuse, play back, publish, license, create derivative works from, transmit, sell or sell any Content without the prior written consent of Coca‑Cola Africa;

- knowingly introduce viruses, trojans, worms, logic bombs, spyware or other computer code, file or program that is harmful or invasive or is intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment;

- attempt to gain unauthorised access to our bot application, the server on which bot application is stored, or any server, computer or database connected to our bot application;

- restrict or inhibit any person from using our bot application (including by hacking or defacing any portion of our bot application);

- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our bot application;

- remove any copyright, trademark or other proprietary rights notice from our bot application or from materials originating from our bot application;

- frame or mirror any part of our bot application;

- create a database by systematically downloading and storing all or any Content accessible on our bot application;

- use any robot, spider, website search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of our bot application, without our express prior written consent;

- publish any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid scheme” or investment opportunity, or any other form of solicitation;

- publish any material non-public information about a person or a company without the proper authorization to do so;

- use our bot application for any illegal or unlawful purpose or activity.

You are prohibited from using the bot application to post any infringing, threatening, false, misleading, abusive, harassing, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, profane or otherwise material that is unlawful.

Additionally, when using our bot application and/or sharing content with us, you are prohibited from posting any content which:

• is defamatory of any person.

• is obscene, offensive, hateful or inflammatory.

• bullies, insults, intimidates or humiliates any person.

• promotes sexually explicit material.

• promotes violence.

• promotes discrimination based on any ground.

• infringes any third-party rights, including but not limited to copyright, trademarks, patents, trade secrets, rights of publicity, rights of privacy and moral rights.

• promotes or encourages any illegal activity.

• threatens, abuses, harasses, upsets or alarms any person.

• is misleading or likely to deceive any person.

• impersonates any person or misrepresents your identity or affiliation with any person.

• contains any advertising or promotes any services or web links to other websites.

• promotes a political agenda.

We reserve the right to remove any content or materials or cancel any links at any time as we see fit.

10. YOUR PRIVACY

We will only process (process is defined in the South Africa Protection of Personal Information Act 4 of 2013) your personal information as set out in our Privacy Policy/Privacy Notice found here: https://www.coca-cola.com/za/en/legal/privacy-policyYOU ARE REQUIRED TO READ AND UNDERSTAND OUR PRIVACY POLICY/PRIVACY NOTICE BEFORE YOU PROCEED TO USE THE BOT APPLICATION. BY USING THE BOT APPLICATION, YOU CONFIRM AND ACKNOWLEGDE THAT YOU HAVE READ, UNDERSTOOD OUR PRIVACY POLICY/PRIVACY NOTICE AND THAT OUR PRIVACY POLICY/PRIVACY NOTICE APPLIES TO YOU.

Any queries related to your personal information may be directed to our Information officer using any of the below details and addressed to the Information Officer:

11.  WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our bot application contains links to other websites, or applications and resources provided by third parties, these links are provided for your information only. We have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of these third-party websites or applications or resources.

Our content may be hosted on other third-party platforms such as social media platforms. These platforms operate their own set of terms of use and privacy policy which are separate to ours. We have no control over, and assume no responsibility for, the content, privacy policies, security, or practices of such platforms.

 12.  LIMITATION OF LIABILITY

We make reasonable efforts to ensure availability and accessibility of our bot application. We make no representations, warranties, or guarantees, whether express or implied about the suitability of the information and content on the bot application or whether the information and content on our bot application is accurate, complete, or up to date.

Coca‑Cola Africa, its employees, agencies, directors, shareholders and its affiliates including The Coca‑Cola Company, shall not be responsible or liable for:

• any loss of profit, loss of business, business interruption or loss of business opportunity from your use of our bot application or from your inability to use the bot application or from an operational failure of the bot application;

• any loss or damage arising as a result of access issues or from the use of any of the information contained in any of the materials on our bot application, provided we do not exclude or limit in any way our liability to you where it would be unlawful to do so;

• interrupted, delayed or failed transmission, storage or delivery of information or content due to any cause beyond our reasonable control including but not limited to power failure, equipment or software malfunction, natural disasters, fire, labour unrests, government or public authority order; or

• inaccurate, incomplete, or inadequate information or content obtained from our bot application.

 13.  BREACH AND INDEMNITY

Without prejudice to whatever rights and remedies we have in terms of these Terms of Use or in law, we reserve the right to institute any legal proceedings against you if you breach any of these Terms of Use.

You hereby indemnify, defend and hold harmless Coca‑Cola Africa, its directors and employees and its affiliated entities against any claim or loss arising out of or related to: (a) your use of, or activities in connection with our bot application; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any user content that you make available or create through our bot application infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third-party.

 14.  GOVERNING LAW

 These Terms of Use and their subject matter are governed by and construed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the high courts of the Republic of South Africa in respect of any dispute arising in connection with this bot application.