Ambassador Terms And Conditions

 

Effective date: 13 October 2025

 

1. INTRODUCTION

1.1 Heavy Chef (“Heavy Chef”) is an entrepreneur development organisation which offers business support and mentorship for Small and Medium Sized Enterprises, and/or Micro Enterprises, and/or Small Enterprises (collectively referred to as “SMEs”).

1.2. The terms and conditions set out herein (“these Terms and Conditions”) will apply as a legally binding agreement between Heavy Chef and:

  • all parties who choose to take part in the application process (“the Applicants”); and/or
  • successful Applicants who choose to become Heavy Chef Ambassadors through signature of the Heavy Chef Agreement (as such term is defined in clause 5.2 below) (“the Ambassadors”), including their employees, delegates and/or authorised representatives (as applicable).

1.3. These Terms and Conditions also include certain stipulations that expressly refer to being in favour of Heavy Chef. These stipulations are capable of acceptance by either of them without the need to give notice to any of the other parties to these Terms and Conditions.

1.5. References in these Terms and Conditions to “you”, “your” or “yourself” will be deemed to refer to the Applicant and/or the Ambassador and/or their employees, delegates and/or authorised representatives, who are all equally bound by these Terms and Conditions.

2. ELIGIBILITY CRITERIA

2.1. In order to gain entry into the application process, you must meet the specific minimum entry requirements:

  • Have an established business prior to the submission of an application to become a Heavy Chef Ambassador;
  • Have an active email address and WhatsApp mobile number;
  • Have a stable internet connection;
  • Have a valid driver's license and transport;
  • Have no legal claims or disputes instituted or imminent against the business;
  • Not be in business rescue or liquidation processes; and
  • Not be enrolled in another business development ambassador programme.

2.2. Applicants who do not meet the eligibility criteria set out in clause 2.1 above will not be accepted into the application process. Information provided that is false and/or cannot be verified will result in automatic disqualification from the application process.

2.3. You may choose not to apply to take part in the Ambassador programme and you are not obliged to respond to the Call to Applications.

3. APPLICATION AND SELECTION PROCESS

3.1. You must apply to become a Heavy Chef Ambassador via the platform advised by Heavy Chef, following the specific prompts as detailed on the Call to Applications and/or on the Heavy Chef website, and/or as otherwise provided by Heavy Chef (in which case you must adhere to the specified process). 

3.2. The application process consists of various stages and modes of assessment.

3.3. It is your responsibility to comply with all of the due dates and timeframes associated with the application process (as further detailed on the Heavy Chef website, and/or as otherwise provided by Heavy Chef) and to ensure that the information you provide during the application process is accurate and complete in all respects. Failure to adhere to this requirement will result in your application to the Ambassador Programme being disqualified and/or in your permission to participate in the Ambassador Programme being revoked. Whilst under no obligation to you to do so, representatives from Heavy Chef may communicate with you for further information which may be required in addition to the information requested and/or provided by you during the application process.

3.4. Heavy Chef is responsible for managing the application process.

3.5. Successful Applicants into the Ambassador Programme will be communicated with Heavy Chef.

3.6. Heavy Chef provides no warranties, representations and/or guarantees that any invitee and/or Applicant to the Ambassador Programme will in any way whatsoever be secured a place as an Ambassador. Heavy Chef exercises its sole discretion in selecting the Ambassadors, and Heavy Chef’s decision in this regard will be final and binding.

4. THE AMBASSADOR PROGRAMME

4.1. The Ambassador Programme will take place virtually once a month, unless otherwise communicated or notified by Heavy Chef, to introduce and onboard you into Heavy Chef's Ambassador programme.

4.2. Each successfully selected Applicant will be required to enter into a written agreement with Heavy Chef, which will set out the respective obligations of Heavy Chef and the Ambassador in connection with the Programme (“the Heavy Chef Agreement”).

4.3. These Terms and Conditions must be read in conjunction with the Heavy Chef Agreement (once concluded) and in conjunction with any further undertakings which you may provide in favour of Heavy Chef. These documents, read together, will govern all aspects of the Ambassador Programme.

4.4. At any time prior to entering into the Heavy Chef Agreement, the successfully selected Applicant may elect not to participate in the Ambassador Programme. The successfully selected Applicant must comply with all deadlines imposed by Heavy Chef in connection with the conclusion of the Heavy Chef Agreement, failing which the successfully selected Applicant will be unable to participate in the Ambassador Programme.

4.5. Heavy Chef is responsible for all aspects of the Ambassador Programme. This includes, but is not limited to, the content, training material, venues/platforms, services and/or any facilities which may be provided.

5. THE AMBASSADOR'S GENERAL ROLES AND RESPONSIBILITIES

5.1. Ambassadors must:

  • not conduct themselves in any manner likely to put the reputation of Heavy Chef into disrepute; and
  • adhere to these Terms and Conditions in all respects;
  • and adhere to the Heavy Chef Agreement in all respects; and
  • adhere to all reasonable instructions issued by Heavy Chef in connection with the Programme; and
  • ensure, at their sole cost, that they have access to all hardware, software and/or third-party services (for example, internet connectivity) required to access the Ambassador Programme and the Programme materials.

6. FEES AND APPLICABLE COSTS

6.1. No fees are payable by you for your application to and/or participation in the Ambassador Programme, subject to the other provisions set out herein.

6.2. Any costs incurred by the Applicant in order to submit an application and/or by the Ambassador in order to attend the Ambassador Programme (whether in a physical and/or virtual (online) format) will be strictly for the own account of the Applicant or the Ambassador (as applicable). This includes but is not limited to any costs incurred in connection with such hardware, software and/or third-party services as may be required to apply to and/or participate in the Ambassador Programme.

7. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

7.1. To the maximum extent permitted by law, Heavy Chef will not be legally responsible to you or to any of your delegates for any kind of loss or damage which you or they may suffer, including but not limited to direct, indirect, special, incidental or consequential damages, loss of use or loss of business, revenue, profits, anticipated savings, reputation or goodwill, arising in connection with or related to the Ambassador Programme, including but not limited to your or your delegates’ application to and/or participation in the Ambassador Programme, or your or your delegates’ inability to apply to, participate in, or benefit from, theAmbassador Programme. This clause includes, to the maximum extent permitted by law, reference to Heavy Chef’s liability under any theory of delict, contract, warranty, strict liability or negligence, even if Heavy Chef has been advised, knew of or should have known of the possibility of such damages and you hereby indemnify and hold Heavy Chef harmless from and against all forms of liability as referred to in this clause 7.1.

7.2. To the maximum extent permitted by law, the Ambassador Programme is provided “as is” and without any representations or warranties of any kind. Heavy Chef warrants that the Ambassador Programme will be suitable for the Ambassador or its delegates or will assist the Ambassador to reach its community goals or growth objectives.

7.3. No information provided in the Ambassador Programme must be treated as professional advice or treated as an endorsement of any person, product or service. The Ambassador is advised to obtain the necessary professional, financial, legal and other advice from its own financial and legal advisors.

7.4. Heavy Chef is responsible for, nor will they be liable for, any part of the Ambassador Programme which may be delayed, disrupted or cancelled due to reasons outside of their reasonable control, including but not limited to any of the following: power outages, strikes, lockouts, industrial action, communication failures, pandemics, third-party site or systems failures or hardware, software or communications failures or delays.

7.5. In the case of online (virtual) attendances that are required of the Ambassador, the Ambassador acknowledges and agrees that the associated platforms are subject to limitations, delays and other problems inherent in the use of the internet and electronic communications technology. Heavy Chef will be responsible for any delays, delivery failures and/or internet connection issues experienced by the Ambassador. Whilst Heavy Chef will take all reasonable steps to ensure the safety and/or security of the information technology systems, infrastructure and/or communications networks that the Ambassador Programme will be hosted on, Heavy Chef will in no manner or form accept any responsibility or liability for any third-party cyber-attacks or other activities that may adversely affect or threaten the security, confidentiality, integrity or availability of any of the Ambassador's information technology systems, infrastructure, communications networks, devices or data that the Ambassador uses to attend the Ambassador Programme.

7.6. Heavy Chef will not be obligated to provide any financial or non-financial aid to any Applicant and/or to any Ambassador.

7.7. All complaints about the application process and/or the Ambassador Programme must be directed to Heavy Chef.

7.8. Heavy Chef will not become a party to any dispute between yourself and any other Applicant and/or Ambassador, or between yourself and Heavy Chef and/or any other related third party connected to the Ambassador Programme.

7.9. You agree that you will not hold Heavy Chef legally responsible for any actions or failures to act on the part of Heavy Chef and/or any other related third party connected to the Programme.

7.10. You apply to take part in the Ambassador Programme and/or you participate in the Ambassador Programme (as applicable) at your own risk and of your own free will.

8. INTELLECTUAL PROPERTY

8.1. Heavy Chef owns all intellectual property rights in and to all aspects of the Ambassador Programme, including software, websites, training material, training workshops and sessions and any other related content, material and/or information provided in connection with the Ambassador Programme. Such intellectual property rights include but are not limited to any registered or unregistered trademarks, copyright, designs or patents, any and all types of multimedia such as print, photographic, digital/film images and/or voice/audio/video recordings, made available before, during and/or after the Ambassador Programme.

8.2. You are not permitted to sell, reverse-engineer, commercialise, display, exhibit, record, broadcast, reproduce, transmit, publish and/or distribute any of the intellectual property referred to in clause above (“the Intellectual Property”) that may be shared with you before, during and/or after the Ambassador Programme. You may only use the Intellectual Property for permitted purposes in relation to your participation in the Programme. Should you wish to use the Intellectual Property for other purposes, you must first obtain the written consent of Heavy Chef (as applicable).

8.3. It is specifically recorded that no assignment of Heavy Chef’s intellectual property rights has taken place or will in future take place, in favour of the Applicant and/or the Ambassador.

8.4. You are not permitted to remove or to obscure any copyright or other notices from the Heavy Chef website or from any other platforms used in connection with the Ambassador Programme or from any of the Programme materials.

8.5. You must, in addition, comply with all terms, conditions, rules and requirements of any third-party site or software owner or third-party intellectual property rights owner, as the case may be, connected to the Ambassador Programme.

9. CONFIDENTIALITY, PERSONAL INFORMATION AND PUBLICITY

9.1. You must hold all aspects of the Ambassador Programme in the strictest confidence and you are not permitted to disclose details of the Ambassador Programme to any third parties.

9.2. Without limiting clause 9.1 in any way, you may not under any circumstances:

  • communicate, comment on and/or divulge any matters concerning the Ambassador Programme; and/or
  • make and/or share any comments or posts related to your application to and/or participation in the Ambassador Programme, including matters related to the Ambassador Programme itself and/or matters related to any other Applicant and/or Ambassador, on any social media platform and/or on any other public forum and/or or in any other public medium, whether before, during and/or after the Ambassador Programme takes place, without first obtaining the written consent of Heavy Chef (as applicable).

9.3. You must refrain from using, distributing and/or disclosing any personal information belonging to Heavy Chef and/or any other applicant to and/or attendee of the Ambassador Programme, unless you have the specific prior written consent of the person to whom such personal information belongs. You will be solely responsible for obtaining the required consents in accordance with any applicable laws relating to the use, control and protection of such personal information.

9.4. You consent to the recording, filming, photographing, storage, dissemination and/or publication in any form, of the proceedings of the Ambassador Programme attendances, on the basis that same does not infringe on your right to confidentiality in respect of your business secrets.

9.5. The data, information, pictures, audio or video so recorded, filmed, photographed, stored, disseminated and/or published, will remain the sole property of Heavy Chef. You hereby agree and consent to the use of the aforesaid items by Heavy Chef in commercial advertising, marketing, other programmes, publications and other public communications at their own discretion and without the obligation of payment of any royalties and/or other consideration to you.

9.6. You understand and agree that your personal information, including but not limited to your name, contact information, location and/or any other online identifiers, may be visible to and/or accessible by the other attendees of the Ambassador Programme. Heavy Chef will in any manner or form and/or under any circumstances accept any responsibility or liability relating to any inconvenience, losses or damages of any nature that you may suffer and/or incur in regard to this.

10. PROCESSING CONSENTS

10.1. By accepting these Terms and Conditions, you expressly consent to and authorise the processing of your personal information (which, for purposes of this clause 10, includes special personal information) by Heavy Chef, in the manner, for the purposes and with the appropriate controls as set out and/or referred to in this clause 10 and/or in the privacy policies and/or privacy notices specifically referenced in this clause 10.

10.2. You acknowledge that Heavy Chef will need to process your personal information:

  • for purposes of and related to the Ambassador Programme (including but not limited to your application to and/or participation in the Programme);
  • to comply with obligations imposed upon them by law;
  • to protect their, yours or a third party’s legitimate interest;
  • for such other purposes as may be permitted by law;
  • for such other purposes as are specifically explained in Heavy Chef’s respective privacy terms, policies and/or notices.

10.3. You acknowledge that the privacy terms, policies and/or notices referred to in clause 10.2.5 above will apply in respect of the Ambassador Programme and in respect of your application to and/or participation in the Programme. In this regard:

  • you may access Heavy Chef’s privacy notice on the Heavy Chef website or request a copy from Heavy Chef (as may be applicable); and
  • you may access Heavy Chef’s platform terms of use on the Heavy Chef website or request a copy from Heavy Chef (as may be applicable).

10.4. Without in any way limiting the general nature of the other clauses in this clause 11, you specifically acknowledge and consent to the following:

  • that your personal information will/may be used for purposes of:
    • processing and assessing your application to participate in the Programme;
    • communicating with you for purposes of the application process and/or for purposes of your participation in the Programme;
    • delivering the Ambassador Programme; and/or
    • monitoring and reporting on the Ambassador Programme;
  • Heavy Chef verifying the authenticity of the information you provide with third party verification agencies and/or with relevant industry regulatory bodies, authorities and/or institutions, who have an obligation to keep such information secure and confidential; and
  • Heavy Chef referring and submitting your personal information (as provided during the application and/or participation process) for processing purposes related to clauses 10.4.1 and/or 10.4.2 above, as may be relevant and appropriate.

11. HEAVY CHEF'S PRIVACY TERM

11.1. You acknowledge and consent that your personal information (which, for purposes of this clause 11, includes special personal information) will be held by entities within Heavy Chef.

11.2. To better understand the entities that form part of the Heavy Chef and how your personal information is treated, you are requested to refer to Heavy Chef's Privacy Policy.

11.3. In this clause 11, references to “Heavy Chef” are references to the entities in Heavy Chef Pty Ltd, and all affiliates, associates, cessionaries, delegates, successors in title or third parties (authorised agents and contractors), when such parties are acting as responsible parties or operators in terms of applicable privacy laws, unless stated otherwise.

11.4. By entering into these Terms and Conditions, you acknowledge that Heavy Chef, for the purposes mentioned and/or referenced in clause 10 above, may process your personal information through centralised functions and systems across entities in Heavy Chef and may use your personal information for the purposes, in the manner and with the appropriate controls as set out and/or referred to in clause 10 above and/or in the Heavy Chef's Privacy Policy.

11.5. Where it is necessary to obtain consent for processing outside of clause 10 and/or this clause 11, Heavy Chef will explicitly seek your consent separately.

11.6. Heavy Chef wishes to ensure that you fully understand how your personal information may be used. Heavy Chef has described the purposes for which your personal information may be used in detail in Heavy Chef's Privacy Policy. Heavy Chef has also set out further information about accessing, correcting or objecting to the processing of your personal information in Heavy Chef. Heavy Chef strongly advises that you read Heavy Chef's Privacy Policy.

12. GENERAL PROVISIONS

12.1. You may not misuse the application process or the Ambassador Programme in any way.

12.2. Whilst Heavy Chef may provide you with extra time to comply with your obligations or decide not to exercise some of their rights, it must not be assumed that this means that Heavy Chef’s agreement with yourself has been changed or that it no longer applies. Heavy Chef can still insist on the strict application of any or all of their rights at a later stage. You must not assume that they no longer apply to you.

12.3. Every clause of these Terms and Conditions is severable from the others. If one or more of the clauses is invalid, it will not mean that the rest of these Terms and Conditions are invalid. The rest of these Terms and Conditions will still apply.

12.4. Heavy Chef may send notices to the address/es you provided on the application.

12.5. These Terms and Conditions, including this clause 12.5, may be amended solely by Heavy Chef from time to time.

12.6. These Terms and Conditions will be governed by the laws of the Republic of South Africa, without giving effect to conflict of laws provisions.

12.7. You agree that Heavy Chef has the absolute discretion to decide if your actions constitute any of the actions prohibited herein and to end your application to and/or your participation in the Ambassador Programme immediately and to take appropriate legal action against you.

12.8. If Heavy Chef is unable to get hold of you after making reasonable efforts to do so, or if you do not act timeously, you will forfeit your invitation and/or application to and/or your participation in the Ambassador Programme.

12.9. If you fail to comply with any part of these Terms and Conditions, you will be disqualified and you will give up (forfeit) your place in the application process and/or in the Programme.

12.10. Your place as an Ambassador may not be sold, swapped for cash or given to someone else.

12.11. You may not attempt to do anything to change the outcome of the application process or the Ambassador Programme in any way.

12.12. The decisions made during the application process by Heavy Chef are final, and no correspondence will be entered into. This means that you cannot appeal any decision made.

12.13. You must send all legal notices to: Heavy Chef Pty Ltd, 208 Hout Bay Rd, Hout Bay, Gauteng, 7806, South Africa.

12.14. These Terms and Conditions will be applied and interpreted by Heavy Chef and its decision regarding any disputes relating to the meaning and/or content hereof will be final and binding.