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PEPKOR RETAIL LIMITED TERMS AND CONDITIONS APPLICABLE TO ELECTRONIC COMMUNICATION

All electronic communication, including all attachments thereto, is transmitted to you by Pepkor Retail Limited and all its divisions (“Pepkor”) on the following terms and conditions:

  1. As the addressee/recipient of electronic communication you agree to be bound by the provisions of section 11(1) and 11(3) of the Electronic Communications and Transactions Act (Act 25 of 2002).
  2. The information contained in this electronic communication may contain confidential and/or legally privileged information. It is intended solely for the use of the individual or entity to whom it is addressed and others authorized to use it or receive it.
  3. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance of the contents of this electronic communication is strictly prohibited and may be unlawful. If therefore you have received electronic communication in error, please notify the sender immediately and delete/destroy it.
  4. Any copying, publication or disclosure of the contents of electronic communication by any person whatsoever can result in civil liability.
  5. Confidentiality and legal privilege are not waived or lost by reason of mistaken delivery to you of electronic communication.
  6. Under no circumstances will Pepkor, as the sender of electronic communication, be liable to any person for any direct, indirect, special or other consequential damages for any use of an electronic communication, or of any other hyper linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Pepkor has been expressly advised of the possibility of such damages.
  7. Pepkor does employ virus filtering, but it provides no guarantees or warrantees that its electronic communication is virus-free.
  8. Pepkor is not responsible for the proper and/or complete transmission of the information contained in electronic communication or of the electronic communication itself, nor in any delay in its receipt.
  9. The views and/or opinions expressed or implied in electronic communication do not necessarily express or reflect the views and/or opinions of Pepkor, unless stated otherwise. If the electronic communication was used for purposes unrelated to the official business of Pepkor, Pepkor shall not be liable for any damage caused by the contents of this message and the sender may be held responsible therefore in his/her sole and personal capacity. In specific, the use of the Pepkor electronic communications facility is not permitted for the distribution of chain letters or offensive mail of any nature whatsoever.
  10. No warranties are made or implied that an employee or contractor of Pepkor was authorised to make the electronic communication. Pepkor disclaims liability for any unauthorised instruction for which permission was not granted.
  11. No employee or intermediary of Pepkor is authorised to conclude a binding agreement on behalf of Pepkor without the written confirmation by a duly authorised representative of Pepkor. Any agreement concluded with Pepkor via electronic communication shall only come into operation once Pepkor has confirmed the formation of such an agreement in writing.
  12. The e-mail address of the sender of electronic communication may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior written consent of the sender.
  13. Where applicable, Pepkor retains the copyright to all electronic communication and attachments. The recipient is licensed to open and read the message and/or attachments only, all other rights are reserved unless otherwise indicated by the sender.
  14. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
  15. Subject to urgent and interim court relief, any disputes and/or disagreements and/or damages and/or liabilities related to the electronic communication shall be referred to arbitration in terms of the rules if the South African Arbitration Foundation in Cape Town.
  16. This electronic communication disclaimer shall take precedence over any other disclaimer(s) in respect of electronic communication addressed to or used by Pepkor.
  17. The above-mentioned terms and conditions will also be applicable to all electronic communication in relation to the Promotion of Access to Information Act Manual which is available at www.pepkor.co.za
  18. Unless specifically stated in the electronic communication, the content may not be construed as an instruction to the addressee to act on behalf of Pepkor Retail Limited or any of its subsidiaries or associated companies (“Pepkor Group”)neither does it constitute an offer from Pepkor Group or an agreement between the addressee and Pepkor Group
  19. Information disclosures required by law: Full name of company: Pepkor Retail Limited Registration number: 1986/003435/06 Country of registration: Republic of South Africa Directors: A Hansen, AO Smith, CA Cronje, CJ Klem, EA Morkel, GM Steyn, H Winter, JB Cilliers, JD Wasserfall, JF Pienaar, JH du Toit, JL Hamman, JS van Rooyen, LM Lourens, LS Brand, M Barkhuysen, M Bartens, ML Hamman, M Lamers, MS Lawrence, N Tom, PJ Erasmus, RG Hanekom, S Spreeth, SNN Cardinaal (subject to change) Postal Address: PO Box 6100, Parow East, 7501 Street Address: 36 Stellenberg Road, Parow Industria, 7493

INFORMATION ACT MANUAL Promotion of Access to Information Act (Act 2 of 2000) (“the Act”)
PEP is a Division of Pepkor Retail Ltd, a wholly owned subsidiary of Pepkor Holdings Ltd and a member of the Pepkor Group, and a subscriber to the Manual set out hereunder PEPKOR HOLDINGS LIMITED REGISTRATION NUMBER 2003/020009/06
(“Pepkor” or “the Company”) and its subsidiaries (“the Pepkor Group”)
16 AUGUST 2011Manual: Version 2

  1. The Human Rights Commission is responsible for compiling a guide that provides details on how to use the Act. Please direct any further queries in this regard to: The South African Human Rights Commission Forum 3 Braampark Office Park Braamfontein Head office: +27 11 877 3600 Website: www.sahrc.org.za
  2. In terms of Section 51(1) of the Act, all heads of private bodies are required to compile a manual that provides information regarding the subjects and categories of records held by such private bodies. This manual is intended to fulfil this requirement.
  3. Pepkor is a South African based investment holding company managing retail interests in Africa, Australia and Poland. It is focused on a cash retail value market and, through its operating subsidiaries, all strongly positioned in their individual niche markets; it satisfies consumers’ basic needs for clothing at affordable prices. Appendix A provides a complete list of South African companies forming part of the Pepkor Group structure. The scope of this manual is limited to operational companies marked “active” as per Appendix A. All other companies are either holding companies or dormant.
  4. The company supports the supply and availability of information as contemplated in the Act.
  5. The Secretary of the company is duly authorized to ensure that the requirements of the Act are administered in a fair, objective and unbiased manner. Accordingly, all requests for access to records should be addressed to:
  6. The Information Officer: The Secretary Postal address: P O Box 6100, Parow East, 7501 Physical address: 36 Stellenberg Road, Parow Industria, 7490 Phone number:021 933 5137 Fax number:021 933 5075 E-mail address:pepkor@pepkor.co.za
  7. 6.    The records can be found in various forms including electronic and paper. In terms of the Act access must be granted irrespective of form or medium.
  8. 7.    The table below provides an indication of subjects of information that the company holds and corresponding categories:
    SubjectCategoryPublicly available/not
    FinanceShare records(registers, transfers, disclosure etc.)Yes
    Accounting records and asset registersNo
    Statements of AccountsYes
    General CorrespondenceNo
    Sales and marketingProduct Information (e.g. Pricing)Yes
    Sales statisticNo
    Product BrochuresYes
    Marketing InformationNo
    General CorrespondenceNo
    Human resourcesEmployee recordsNo
    Personnel guidelines, policies and proceduresNo
    Training coursesNo
    InformationNo
    General CorrespondenceNo
    Information technologyIT Policies and ProceduresNo
    Network diagramsNo
    User ManualsNo
    General CorrespondenceNo
    System configuration informationNo
    Source CodeNo
    LogisticsStockNo
    Location of warehousesYes
    Details of service providersNo
    General correspondenceNo
    Administration (Minute books)Administration (Minute books)No
    ContractsNo
    LeasesNo
    General CorrespondenceNo
    Intellectual PropertyNo
    LitigationNo
  9. Certain records can be accessed without the submission of a formal request. These records, where applicable, generally include the following categories: Web site, annual reports, interim reports, records lodged with the Registrar of Companies, the JSE Securities Exchange SA (“JSE”) and other regulatory bodies, newspaper announcements and circulars to shareholders. These records, where applicable, can be accessed on the company’s web site, referring to newspapers or by approaching the holder of such information (i.e. the secretary and/or the transfer secretaries of the company, the Registrar of Companies and/or the JSE), in each case complying with the requirements laid down for this purpose.
  10. Additionally, the company is legally required to ensure that certain categories of records are available for access, without a formal request:

    • The Occupational Health and Safety Act No.85 of 1993
    • The Value-Added Tax Act No.89 of 1991
    • Income Tax Act No.58 of 1962
    • Companies Act No.71 of 2008
    • Basic Conditions of Employment Act No.75 of 1997
    • Employment Equity Act No.55 of 1998
    • Labour Relations Act No.66 of 1995
    • The Medical Schemes Act No.131 of 1998
    • The Compensation for Occupational Injuries and Diseases Act No.130 of 1993
    • The Health Act No.63 of 1977
    • Customs and Excise Amendment Act, 45 of 1995
    • South African Revenue Services Act, 34 of 1997

    Notification of the availability of these records in terms of these Acts has not yet been given to the Cabinet Minister of Justice. Please note that the identification and inclusion of all pertinent legislation cannot be guaranteed. Any person, who is aware of any specific legislation that should be included and which has been omitted, should contact the Company Secretary directly.

  11. A request for access to a record that does not fall within the categories identified in Section 7 of this manual must be done formally either via conventional mail, e-mail or fax. This request should be in the prescribed format as specified in the Act and the Regulations thereto and should be addressed to the Information Officer as identified in Section 4 of this manual. The request fee, prescribed in the Regulations, should be attached. Please note that both the formal request form and a copy of the current fee structure are available at the company’s head office. Each request should:
    • provide sufficient particulars for the company to identify the requester and the records requested
    • indicate the form of access required
    • specify the postal address or fax number of the requester in the Republic of South Africa and
    • identify the right the requester is seeking to exercise or protect and provide reasons for the request.

    The company’s Information Officer will respond to any request within 30 days of receiving the request by indicating whether such request for access has been granted or not.
    Access may be refused under limited circumstances such as:
    disclosure
    scientific or technical information that may harm the commercial or
    financial interests of a third party)
    commercial competition
    the commercial or financial interests of the Company
    Company.

    • Protecting personal information that the company holdsabout a third person (who is a natural person) from unreasonable
    • Protecting commercial information that the company holdsabout a third party (e.g. trade secrets, financial, commercial,
    • If disclosure would result in a breach of a duty of confidence owed to a third party
    • If disclosure would jeopardize the safety or life of an individual
    • If disclosure would prejudice or impair the security of property or means of transport
    • If disclosure would prejudice or impair the protection of a person in accordance with a witness protection scheme
    • If disclosure would prejudice or impair the protection of the safety of the public
    • The record is privileged from production in legal proceedings unless the privilege has been waived
    • If the record is a computer programme
    • Disclosure of the record will put the Company at adisadvantage in contractual or other negotiations or prejudice it in
    • Disclosure of the record (containing trade secrets,financial, commercial, scientific, or technical information) would harm
    • Records containing information about research beingcarried out or about to be carried out on behalf of a third party or the
  12. If access to a record that contains information about a third party is requested, the company is obliged to attempt to contact such third parties to inform them of the request and to give them an opportunity to respond by either consenting to the access or by providing reasons why the access should be denied.

  13. If the company has searched for a record and believe that it either does not exist or cannot be found, the company will notify the requester by way of an affidavit or affirmation that it is not possible to provide access to the requested record due to its inability to locate it. The company will also provide the requester with details on the steps that were taken to try to locate the record and will confirm to the requester that, if at a later stage the record is located, the company will grant the requester access, provided that access is not prohibited in terms of Chapter 4 of Part 3 of the Act.Download the Win Your Dream Terms and ConditionsDownload the Teacher of the Year 2013 Terms and ConditionsDownload the Swipe and Win Terms and ConditionsDownload the Facebook Terms and Conditions