1 DEFINITIONS AND INTERPRETATION

 

1.1 "Applicable Law" means any statute, codes, regulation, policy, by-law, directive, notice or subordinate legislation, the common law, any binding court order or judgment, any applicable industry code, policy or standard enforceable by law and/or any applicable direction, policy or order that is given by a regulator;

1.2 “Beneficiary” means the successful and/or preferred Candidate who is selected to participate in the Programme;

1.3 “Candidate” means you, the applicant;

1.4 "Confidential Information" means, business, business policies, business plans, pricing models and other business and commercial information, know-how, trade secrets, specifications, drawings, sketches, models, samples, data, diagrams and flow charts, potential customers, customer lists, sales and sales figures, technical information, including use of technology, systems, hardware, software (and the incidence of any faults therein) and related material and documentation and/or past, present and future research and development;

1.5 "Event of Default" means any one or more of the events or circumstances described as such in clause 20;

1.6 "Intellectual Property Rights" means any and all rights in the nature of intellectual property rights anywhere in the world (whether registered or unregistered) owned, licensed, possessed or controlled by a Party, directly or indirectly, including, without limitation, patents, trademarks, service marks, design rights, copyright (including all copyright in any designs and computer software), source codes, moral rights, databases, trade or business names, whether capable of registration or not, but including any right to register same;

1.7 "Losses" means all losses, liabilities, costs, expenses, fines, penalties, damages, claims and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);

1.8 "Material Adverse Change" means a change in the circumstances existing, as at the submission date of the Candidates application, which in the reasonable opinion of Samsung will have a material adverse effect on:

1.8.1.1 the business, assets, operations, property or financial condition of the Candidate; or

1.8.1.2 the ability of the Candidate to perform its obligations under these terms and conditions; or

1.8.1.3 the validity or enforceability of these terms and conditions or the rights or remedies of Samsung thereunder;

1.9 “Parties” means both the Candidate and Samsung, “Party” means either one of them as the context requires;

1.10 "Personnel" means any director, employee, agent, consultant, contractor, subcontractor or other representative of a Party involved in the performance of each Party’s obligations in terms of this these terms and conditions;

1.11 “Personal Information” means personal information as defined in the Protection of Personal Information Act, Act 4 of 2013 (“POPI”);

1.12 “Special Personal Information” means personal information as referred to in section 26 of

POPI;

1.13 “Programme” means the Enterprise Development Programme provided by Samsung;

1.14 “Samsung” means Samsung Electronics South Africa Pty (Ltd), with registration number

1994/003872/07, with its principal place of business at 2929 Winnie Mandela Drive, Bryanston,2021

1.15 "Supplier Development" means monetary and non-monetary contributions carried out for the benefit of value-adding suppliers to Samsung, with the objective of contributing to the development, sustainability and financial and operational independence of those beneficiaries.

1.16 The words "include", "includes", and "including" means "include without limitation", "includes without limitation", and "including without limitation". The use of the word "including" followed by a specific examples shall not be construed as limiting the meaning of the general wording preceding it.

1.17 The rule of construction that the contract shall be interpreted against the Party responsible for the drafting or preparation of these terms and conditions, shall not apply.

1.18 When any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday.

1.19 Unless otherwise stated, any reference to clause headings and sub-headings are for convenience only and shall not affect the interpretation of these terms and conditions.

 

2 INVITATION TO APPLICANTS

2.1 Samsung, seeks to support and develop aspiring entrepreneurs to ultimately operate successful businesses whilst upholding the Samsung brand and values.

2.2 The aim of the invitation is to obtain applications from possible Candidates, to participate in the Programme, and to evaluate these applications in order to select the Beneficiaries.

2.3 Upon appointment of the Beneficiaries, a contract shall be concluded with the selected Beneficiaries and Samsung (“Participation Agreement”) setting out the terms and conditions for the participation of the Beneficiaries in the Programme. Samsung may at any time, at its sole discretion, renew, terminate, postpone or delay the Participation Agreement upon written notice to the selected Beneficiary.

2.4 The Candidate is hereby invited to submit their application in accordance with these terms and conditions.

 

3 PRE-QUALIFICATION CRITERIA

3.1 In order to qualify for participation in the Programme and for your application to be considered, the

Candidate must comply with the following pre-qualification criteria:

3.1.1 the Candidate must be a South African Citizen and Company, registered in South Africa in accordance with laws of South Africa;

3.1.2 only enterprises who are at least 51% black owned using the flow through principle will be considered;

3.1.3 the Candidate must have an annual revenue of not more than R50 (fifty) million;

3.1.4 the Candidate must be an Exempted Micro Enterprise (“EME”) or Qualifying Small Enterprise (“QSE”), as defined in the Broad Based Black Economic Empowerment Act 53 of 2003 (as amended from time to time)

3.1.5 the Candidate must provide a valid B-BBEEE certificate or) Sworn Affidavit signed by a commissioner of Oath in the case of an EME (in the case of Joint Ventures, each member must separately submit a valid B-BBEE certificate);

3.1.6   the Company must have a B-BBEE scorecard rating of at least Level 2 pursuant to the B-BBEE Codes

3.1.7 proof of partnership agreement by the Candidate and any of its stated Joint Venture partners (if applicable);

3.1.8 the Candidate must provide a copy of their last two years audited financial statements or management accounts. In the case of a joint venture, the Candidate may be requested to provide (as an optional extra) the latest audited financial statements of each member of the joint venture;

3.1.9 the Company can be start-up or an established enterprise, however, the Candidate and or, Management   must have proven recent experience in the relevant industry and operation

3.1.10 the Candidate must submit valid, original SARS Tax Clearance Certificate (in the case of Joint Ventures, each member must separately submit a valid Tax Clearance Certificate);

3.1.11   the Candidate must submit a valid VAT certificate if registered;

3.1.12   the Candidate must submit a valid COR 39;

3.1.13 the Candidate must submit a valid CIPC registration certificate not older than 12 months;

3.1.14   the Candidate must submit his company structure, indicate all Shareholders including % ownership with Names, ID numbers and copy of ID’s and all Directors in company, Names, ID numbers and copy of ID’s.

3.1.15    the Candidate must indicate, submit declaration of conflict (as per clause 12)

Non-compliant applications with the Pre-qualification criteria may be disqualified without further evaluation.

 

4 RELEVANT INDUSTRIES

 Applicants must be operating a business in the following industries (“Relevant Industry”):

1.  Mobile and Consumer Electronics Repairs; and/or
2. ICT

 

5 SUBMISSION OF APPLICATIONS

5.1 The submission of applications will close at 15 August 2025. All applications received later than 15 August 2025 will be disqualified.

5.2 No application may be withdrawn after it has been submitted to Samsung unless the Candidate so requests in writing and such request is received by Samsung before the scheduled closing date.

5.3 Candidates will be evaluated on the basis of the information submitted by the closing date as well as additional information as may have been requested by Samsung. A Candidate will be disqualified for the furnishing of misleading or incorrect information, which Samsung may rely upon in the selection of a Beneficiary.

5.4 Candidates must ensure that their applications contain all necessary and required documentation (with particular reference to the documentation sought in clause 3 above).

5.5 Candidates may submit written requests for clarifications to the following e-mail (Enquiries) at any stage, until 13 August 2025 to the contact details as provided below:

ssa.eeip@samsung.com

5.6 In the case of a joint venture or partnership between service providers, evidence of such a joint venture must be included in the application in the form of a Joint Venture Agreement or Memorandum of Understanding, it is the Candidate’s responsibility to obtain all written approvals to share the necessary agreements, if so required.

 

6 EVALUATION CRITERIA

6.1 Samsung will, if required, utilise the following criteria (not necessarily in this order) in shortlisting its candidates:

6.1.1 administrative responsiveness - completeness of response and returnable documents;

6.1.2 prequalification criteria - whether the prequalification criteria have been met

6.1.3 substantive responsiveness – whether the application materially complies with the scope and/or specifications provided by Samsung; and

6.1.4 business diagnostics.

6.2 Samsung reserves the right to undertake a post-qualification exercise aimed at determining, to its sole satisfaction the validity of the information provided by the Candidate. Such post-qualification may include, without limitation, all or any combination of the following:

6.2.1 Verification of accuracy, correctness and authenticity of information provided by the Candidate on any legal, financial or technical documents submitted.

6.2.2 Physical inspection of the Candidate's offices, branches or other places where business transpires, including visits to sites where the Candidate currently conducts similar business.

6.2.3 Other evaluations that Samsung may deem appropriate, at any stage within the selection process, prior to selecting a Beneficiary.

6.3 In evaluating the applications Samsung reserves the right to take into account any other factors, at its sole discretion, which it may consider relevant and appropriate to the evaluation and analysis of applications from Candidates.

6.4 Samsung or its duly appointed representatives shall be the sole adjudicators of the acceptability and or feasibility of the applications. The decision shall be final and except as required by law or otherwise, no reason for the acceptance or rejection of any application will be furnished.

6.5 Candidates may include with their applications any descriptive matter, which, if referred to in the application, will form part of the application. In case of any discrepancy, however, the issued application and supporting documents and information completed therein by the Candidate will be considered as the valid and binding application.

6.6 Samsung reserves the right to award participation in the Programme to a number of or different

Candidates and is not obligated to accept the whole or only one application for purposes of the award.

7 POSITIVE UNDERTAKINGS

7.1 The Candidate shall, from and after the date of submission of its application, forthwith, upon becoming aware of the occurrence thereof, notify Samsung of:

7.1.1 any Event of Default; and

7.1.2 the happening of any event, which may reasonably be anticipated as, resulting in a Material Adverse Change.

 

8 DISCLAIMERS

8.1 Samsung is not committed to any course of action as a result of its receipt of an application in response to the request to participate in the Programme, and Samsung reserves the right to:

8.1.1 modify the application requirements and request Candidates to re-apply on any changes;

8.1.2 reject any application which is non-compliant with the pre-qualification requirements and which does not conform to the instructions and specifications set forth in the request to participate in the Program;

8.1.3 reject any application which is incomplete, late applications and/or conditional applications;

8.1.4 disqualify applications submitted after the closing date and time;

8.1.5 reject any and/or all applications, in its discretion;

8.1.6 make no selection at all.

8.2 In addition, Samsung reserves the right to exclude any Candidate who has been convicted of contravening any Applicable Law (other than minor offences such as traffic offences) during the preceding 5 years, including but not limited to breaches of the Competition Act 89 of 1998. Candidates are required to indicate in their application whether or not they have been convicted of contravening any Applicable Law, as aforesaid, during the past 5 years. By acceptance of these terms and conditions the Candidate acknowledge that Samsung reserves the right to exclude any candidate from the application process, should that person or entity have been convicted of contravening any Applicable Law.

 

9 NOTIFICATION OF AWARD

9.1 After completion of the evaluation and adjudication process, Samsung will provide a letter of award to the successful Candidate. The successful Candidate will be required to execute and deliver to Samsung the Participation Agreement, together with such other documentation and/or contracts that may be necessary to properly record the agreement between the Parties. The Candidate must complete this within twenty-one (21) days after receipt of the notification of the award, unless an extension is agreed in writing between both parties. Should the Candidate fail to execute and deliver the Participation Agreement and other documentation within twenty one (21) days  after receipt of the notification of the award (or such later period as may be agreed upon between the parties), the award of participation in the Programme may be cancelled by Samsung.

9.2 The decision by Samsung to award the intended contract to the successful Candidate shall be final and no correspondence will be entered into except as required in law.

 

10 NOTIFICATION OF UNSUCCESS

10.1 Unsuccessful Candidates will be informed in writing. Samsung or its representative will not enter into any correspondence or discussions regarding the reasons for Candidates not being shortlisted and/ or selected, except as may be required by law.

 

11 PARTICIPATION IN THE PROGRAMME

11.1 Participation in the Programme does not guarantee funding or market access to the successful

Beneficiary. By participating in the Programme, there is no guarantee that the Beneficiary will receive any funding or that the Beneficiary will be provided with procurement opportunities.

11.2 Participation in the Programme will provide the Beneficiary with skills development and business development support.

11.3 The Beneficiaries’ participation in the Programme will not constitute a partnership or joint venture with Samsung.

11.4 During the programme, Samsung may in its absolute and sole discretion provide the Beneficiary with grant funding.

 

12 CONFLICT OF INTEREST

12.1 Notwithstanding any other provision to the contrary in these terms and conditions, no Samsung employee or any person related to or associated (including spouse, child, cousin, friend) with a

Samsung employee may (individually or through a corporate vehicle which includes a company, close corporate, trust, partnership) submit an application for consideration unless such interest has been declared.

12.2 All Candidates are required to identify and to disclose as soon as possible any conflict of interest or potential conflict of interest to Samsung. Candidates should contact Samsung for clarity on whether a conflict of interest actually exists or not. The existence of a conflict of interest, or a failure by a Candidate timeously to disclose any such conflict or part conflict of interest, may result in the Candidate’s application being disqualified.

 

13 LEGAL COMPLIANCE

13.1 All Candidates shall be in full and complete compliance with any and all Applicable Laws.

 

14 COSTS

14.1 Samsung will in no way be responsible for any and all expenses incurred by the Candidate in connection with the Programme and/ or application to participate in the Programme, including without limitation flights and accommodation. Any and all such costs will be for the Candidate’s own account.

 

15 CREDIT CHECKS

15.1 Notwithstanding the provisions of clause 21, the Candidate hereby agrees that Samsung shall be entitled to:

15.1.1 contact any trade references provided by the Candidate for the purposes of assessing the Candidate’s credit worthiness;

15.1.2 conduct credit checks in order to verify the Candidate’s credit worthiness; and

15.1.3 share any information which it obtains in terms of this clause 15 with any credit bureau.

 

16 COLLUSION WITH OTHERS

No Candidate may negatively engage or collude with any service provider and/ or other Candidate, for purposes of submission of an application. Such action will lead to disqualification with no further evaluation of their application.

 

17 FAILURE TO DISCLOSE CORRECT INFORMATION

17.1 If a Candidate has been selected as a Beneficiary on the strength of information furnished by the

Candidate, which information is proved to have been incorrect, false and/ or misleading in addition to any other legal remedy Samsung may have, Samsung may at any time:

17.1.1 recover from the relevant Beneficiary all Losses incurred by Samsung as a result of the award;

17.1.2 recover from the relevant Candidate and/ or Beneficiary all Losses incurred by Samsung as a result of such incorrect, false and/or misleading information; and/or

17.1.3 cancel the award of participation in the Programme and claim any and all Losses, which it may have suffered or will suffer as a result of having to make less favourable arrangements.

17.2 The Candidate shall be liable to pay for Losses sustained and/or additional costs or expenditure incurred by Samsung as a result of the cancellation of the award of participation in the Programme.

 

18 PARTICIPATION AGREEMENT

18.1 In the event that a candidate is successful and is selected as a Beneficiary to the Program, the successful candidate must execute and conclude a Participation Agreement with Samsung. In the event that Samsung and the successful candidate fail to enter into or execute the Participation Agreement within twenty one (21)  days of the award (or such later date as may be determined by Samsung) as a result of the Candidate's failure to comply with any representation made in the Candidates application, then the award shall be deemed null and void. Samsung’s aforesaid rights are without prejudice and in addition to any other rights that Samsung may have. For the avoidance of doubt, in the event the application of a successful Candidate is accepted by Samsung, no agreement shall come into being until the formal Participation Agreement has been negotiated and executed between Samsung and the successful candidate.

 

19 WARRANTIES

19.1 The Candidate warrants to and in favour of Samsung that:

19.1.1 its application to participate in the Programme, Participation in the Programme and performance by it of its obligations in terms of these terms and conditions do not and will not conflict with:

19.1.1.1 any Applicable Law;

19.1.1.2 its constitutional documents; or

19.1.1.3 any agreement or instrument binding upon it or any of its assets;

19.1.2 it has full capacity and authority to enter into and to perform its obligations in terms of these terms and conditions and that these terms and conditions are executed by a duly authorised representative.

 

20 DEFAULT

20.1 Each of the following events shall constitute an Event of Default:

20.1.1 The Candidate:

20.1.1.1 commits a breach of these terms and conditions and fails to remedy the breach (if capable of remedy) within 5 Business Days of receipt of written notice from Samsung requiring the Candidate to remedy the breach;

20.1.1.2 loses any licenses, authorisations, consents and/or permits, which are required to operate its business;

20.1.1.3 effects or attempts to effect an arrangement, compromise or composition with its creditors generally;

20.1.1.4 is placed in liquidation or under business rescue proceedings, whether provisional, final, compulsory or voluntary;

20.1.1.5 commits an act of insolvency, as contemplated in the Insolvency Act 24 of 1936, as amended.

20.2 Upon the occurrence of an Event of Default, Samsung shall be entitled, without prejudice to any other rights, which Samsung may have, by written notice to the Candidate disqualify the Candidate’s application with immediate effect.

 

21 CONFIDENTIAL INFORMATION

21.1 Each Party ("Receiving Party") must treat and hold as confidential the Confidential Information, which it may receive from the other Party ("Disclosing Party") or which becomes known to the Receiving

Party concerning the Disclosing Party and not disclose the Confidential Information to any third party other than those of its Personnel who are involved in the management of the relationship between the parties or to its professional advisors appointed to advise on any aspect relating to the application to participate in the Programme and participation in the Programme, and then only on a “need to know” basis.

21.2 Upon termination of the Programme, the Receiving Party will deliver to the Disclosing Party, or at the Disclosing Party’s option, destroy all originals and copies of the Disclosing Party’s Confidential

Information, (other than these terms and conditions) in the Receiving Party’s possession.

 

22 INTELLECTUAL PROPERTY

22.1 Each Party (including such Party’s holding company and subsidiaries) will retain all its rights in and to its Intellectual Property Rights.

22.2 No right to use a Party’s Intellectual Property Rights including but not limited to the Party’s name, logos, brands or trademarks, other than in terms of these terms and conditions, is agreed, granted or implied by these terms and conditions.

22.3 It is specifically recorded that all Intellectual Property Rights of any nature whatsoever whether capable of registration or not (and whether registered or not) in Samsung’s name, Samsung’s trademarks, Samsung’s products, logo, image and all other matters relating to Samsung shall remain the sole property of Samsung and that the Candidate shall not acquire any rights in relation to such

Intellectual Property.

22.4 The Candidate shall not use Samsung’s Intellectual Property without Samsung’s clear and formal prior written consent.

 

23 RELATIONSHIP

23.1 The Candidate’s participation in the application process and/ or participation in the Programme shall not be construed as:

23.1.1 creating a partnership, co-ownership agreement and/or joint venture between the Parties, and neither Party shall have any authority to incur any liability on behalf of the other Party and/or to create or assume any obligations on behalf of the other Party;

23.1.2 making either Party an agent, employee or representative of the other party;

23.1.3 any assumption by Samsung of responsibility for compliance by the Candidate with any environmental, labour, health and safety, or other regulatory matter.

23.2 It is specifically recorded that a Candidate may not under any circumstances represent itself to be acting for and on behalf of Samsung.

 

24 CORRUPTION AND BRIBERY

24.1 The Candidate shall ensure that it and/ or its Personnel shall not directly or indirectly give, offer or promise to give or offer any money, gift, and/or illegal gratification, or exert or utilize unlawful influence on public and private person(s) to induce or reward an improper performance of a function and/or to obtain or retain business. In the case the Candidate does not abide with any of the above mentioned obligations, then Samsung shall reserve its right to immediately disqualify the Candidate without any prior notice, in addition to any other remedies available to it at law and/or in equity.

 

INDEMNITIES

24.2 The Candidate indemnifies and holds harmless Samsung and its respective officers, directors, employees, agents, successors, and permitted assigns (the "Samsung Indemnitees"), from any and all Losses arising from or in connection with:

24.2.1 its participation in the Programme

24.2.2 its application to participate in the Programme

24.2.3 any reputational harm caused to Samsung;

24.2.4 any damage to Samsung property and/ or premises;

24.2.5 any claim, suit or proceeding brought by any third party against Samsung or any of the Samsung

Indemnitees (including any claim for, or in respect of, injury, death or illness affecting such third party, or any loss or damage to property of such third party) resulting from or arising out of:

24.2.5.1 any negligent act or omission of the Candidate or its Personnel; and/or

24.2.5.2 any breach by the Candidate or its Personnel of the provisions of these terms and conditions.

24.3 Save for the provisions of clause, neither Party will be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of these terms and conditions, regardless of how it arises, whether for breach of these terms and conditions or in delict, and even if previously advised of the possibility of such damage.

24.4 Nothing in these terms and conditions will in any way limit or exclude the Candidates liability:

24.4.1 for damages occasioned by fraud or the wilful misconduct or gross negligence of the Candidate or its Personnel; and//or

24.4.2 to the extent that a Party is not permitted by Applicable Law to exclude or limit such Party's liability.

 

25 AMENDMENT AND WITHDRAWL

25.1 Samsung reserves the right to amend these terms and conditions at any time prior to finalisation of the Participation Agreement between the Parties and shall not be liable to any Candidate or any other person for Losses of whatsoever nature which they may have suffered as a result of such amendment.

All applications/proposals are submitted at the entire risk of the Candidate. All representations, agreements or arrangements arising from the application submitted in terms hereof (including any negotiations that follow) shall not be binding on Samsung, its officers, employees or agents unless reduced to writing and signed by a duly authorised representative of Samsung.

25.2 Samsung reserves the right to postpone the closing date for submission of applications, to withdraw the request to participate in the Programme or to withdraw the Programme, at any time and without giving rise to any obligation to be responsible for any loss or financial damage which may be incurred or suffered by any Candidate.

 

26 BINDING ARBITRATION PROVISION

26.1 It is a condition of participation in this application process and the candidate and Samsung agree that should any dispute or difference arise between any Candidate and Samsung:

26.1.1 Concerning the purport or effect of the application documents or of anything required to be done or performed there under.

26.1.2 Concerning any aspect of the application process to anything done or decided there under:

or

26.1.3 Concerning the validity of the award, namely the selection of a Candidate as a Beneficiary, to any Candidate or the failure to award same to any Candidate, then such dispute or difference shall be finally resolved by arbitration.

26.2 Such arbitration shall be by a single arbitrator who shall be selected by agreement between the parties, or failing such agreement nominated on the application of any party by the Arbitration

Foundation of Southern Africa (AFSA).

26.3 The arbitrator shall have power to open up, review and revise any certificate, opinion, decision, requisition or notice relating to all matters in dispute submitted to him/her and to determine all such matters in the same manner as if no such certificate, opinion, decision, requisition or notice had been issued.

26.4 Upon every or any such reference, the costs of an incidental to the reference and award shall be

in the discretion of the arbitrator, who may determine the amount of the costs, or direct them to be taxed as between attorney and client or as between party and party and shall direct by whom and to whom and in what manner they shall be borne and paid.

26.5 The award of the arbitrator shall be final and binding on the Parties and any Party shall be entitled to apply to the Courts to have such award made an order of court.

26.6 Save as set out in this clause, the arbitration shall be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa.

26.7 The arbitration shall be held in Johannesburg in the English language.

26.8 However, nothing in this clause shall preclude any Party to the arbitration from seeking interlocutory relief in any court having jurisdiction pending the institution of a review or other appropriate proceedings for legal redress.

 

27 PERSONAL INFORMATION

27.1 The Candidate provides consent to Samsung and/or its agents for the processing of the Candidates and/ or its Personnel’s Personal Information, and/or Special Personal Information, for the specific purposes relating to the Candidate’s request to participate and/ or the Candidates participation in the Programme.

27.2 The Candidate warrants that it will obtain the necessary consent from its Personnel, to utilise and share the Personnel Information and/or Special Personal Information of its Personnel with Samsung, and the Candidate indemnifies Samsung against any and all Losses as a result of the Candidate's failure to comply with the provisions of this clause.

27.3 The Candidate will make available to Samsung information required for the purpose of securing and further facilitating the Candidate's participation in the Programme, and to ensure that the information is regularly updated to ensure accuracy of records. The Candidate further consents to the processing of such information derived from a source other than from the Candidate in so far as it relates to the Candidate's application to participate and its participation in the Programme.

27.4 The Candidate further consents to Samsung retaining the processed information for an unspecified period, which will afford Samsung a reasonable opportunity, to take all considerations relating to the use of the information, into account.

27.5 Should the Candidate be unsuccessful in its application, the Candidate consents to its details being kept on file by Samsung, unless the Candidate specifically request Samsung to attend to de identify/ return same. In this instance the Candidate shall provide Samsung with detailed explanations sound in law for such de-identification/return of information.

27.6 The Candidate confirms that it is aware of the nature, extent and consequences of providing consent to Samsung for the processing of its and/ or its Personnel’s Personal Information and/ or

Special Personal Information, as stipulated above, and without limiting the generality of the aforestated, the Candidate absolves Samsung from any liability in terms of the Protection of Personal Information Act 4 of 2013 for failing, for whatsoever reason, to obtain the Candidate's consent or to notify the Candidate of specific reasons for the processing of such information.

 

28 GENERAL

28.1 These terms and conditions constitutes the whole of the agreement between the Parties relating to the matters dealt with therein and save to the extent otherwise provided no undertaking, representation, term or condition relating to the subject matter of these terms and conditions not incorporated herein shall be binding on either of the Parties.

28.2 No waiver of any of the terms and conditions will be binding or effectual for any purpose unless in writing and signed by or on behalf of the Party giving the same. Any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either Party in exercising any right, power or privilege under these terms and conditions will constitute or be deemed to be a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.

28.3 No indulgence granted by a Party nor the partial exercise by any Party of any power, right or privilege shall constitute a waiver or abandonment of any of that Party’s powers, rights or privileges under these terms and conditions and accordingly, that Party shall not be precluded, as a consequence of having granted that indulgence or partially exercised any power, right or privilege, from the exercise of that, or any other power, right or privilege, which may have arisen in the past or which may arise in the future.

28.4 The interpretation, construction and effect of this terms and conditions and the rights and obligations of the Parties hereto shall be governed by the laws of the Republic of South Africa.

28.5 The expiration or termination of these terms and conditions shall not affect such of the provisions of these terms and conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

28.6 These terms and conditions will inure for the benefit of and be binding upon the successors in title and permitted assigns of the Parties or any of them.

28.7 The Candidate selects, as their respective domicilia citandi et executandi, the physical addresses set out in its application. Unless the contrary is proved, any notice to be given by a Party to the other

Party shall be in writing and shall be deemed to have been duly received by the other Party on the date of delivery thereof. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen address.

29 Neither these terms and conditions, nor any part, share or interest therein, or any rights or obligations hereunder, may be ceded, assigned, or otherwise transferred by a Party, without the prior written consent of the other Parties.

30 Each provision of these terms and conditions is severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the Parties will consult with one another in good faith in order to agree, if possible, an alternative provision in accordance with the intent and tenor of these terms and conditions. The remaining provisions of these terms and conditions shall nevertheless remain binding and continue with full force and effect.

31 The Programme is conditional upon the continuation or survival of the Agreement between Samsung and the Department of Trade, Industry and Competition relating to Samsung’s EEIP. In the event Samsung’s EEIP programme is cancelled or terminated for any reason, Samsung solely reserves the right to cancel the Programme without any penalty.  

 

31 ACCEPTANCE OF THESE TERMS AND CONDITIONS

31.1 By accepting these terms and conditions, the Candidate:

31.1.1 agrees that it has read, understands and agrees to be bound by these terms and conditions and the content of all the documentation provided by Samsung in this request to participate in the Program;

31.1.2 accepts that Samsung’s decision is final and binding;

31.1.3 certifies that all forms of proposals as required in the application document are included in its submission;

31.1.4 certifies that all information provided in its application is true and correct;

31.1.5 is authorized to submit and sign the application, which application will be binding on closure of the application submission.

31.1.6 accepts that the application is binding on it.

31.1.7 accepts that in the event that it is successful it will sign a Participation Agreement and such other terms and conditions (as may be prescribed by Samsung) with Samsung.