Last updated September 30, 2024

These terms are part of the Global Services Agreement. Amazon may update these terms from time to time. Save a copy of this version as needed for your internal records.

LOCAL REQUIREMENTS FOR SOUTH AFRICA

These Local Requirements (“LR”) incorporate and modify the Agreement solely with respect to Products and Services provided by Vendor in South Africa to an Amazon Affiliate in South Africa. The parties agree to be bound by the terms of the Agreement (as supplemented and amended by the terms of these LR).  These LR do not apply to Products and Services provided outside of South Africa, or that are not provided by Vendor in South Africa. Solely with respect to the provision of Products and Services in South Africa, in the event of a conflict between the terms and conditions of these LR and the Agreement, the terms and conditions of these LR will control.

1.      Moral Rights.  Vendor will procure the irrevocable consent of Vendor's and Vendor's subcontractors' employees, contractors and agents not to enforce any and all moral rights that those individuals may have, presently or in the future, arising from Amazon's use of the Deliverables under this Agreement.

2.      Transfer Regulations.  The parties believe that the European Communities transfer of undertaking rules (in particular Council Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses) or the transfer of undertakings provisions of any applicable employment Laws (“Transfer Regulations”) will not apply to this Agreement either at its commencement, assignment, termination or expiry. However, in the event that the Transfer Regulations are held to apply to this Agreement, either at its commencement, assignment termination or expiry, Vendor will comply in full with its obligations under the Transfer Regulations. Vendor agrees to indemnify Amazon on demand against all proceedings, actions, costs (including legal costs), charges, claims, expenses, damages, liabilities, losses and demands incurred by Amazon: (i) in relation to any failure of Vendor to comply with its obligations under the Transfer Regulations; (ii) in relation to any failure of Vendor to comply with its obligations under this Section; and, (iii) in relation to a claim made by persons who are (or are deemed to be) employees of Vendor at the time of commencement, assignment, termination or expiry (howsoever arising) of this Agreement (or part thereof), claim or are held to be employees of Amazon or any other person to whom Amazon may, following the assignment, termination or expiry of this Agreement, grant a similar contract, where such claim arises by reason of the application of the Transfer Regulations or alleged application of the Transfer Regulations. Vendor acknowledges that Amazon has relied on the obligations assumed by Vendor in this Section in deciding to enter into this Agreement. On assignment, termination or expiry of this Agreement, Vendor shall provide full co-operation in the transfer to a new contractor, if applicable, under arrangements to be notified to Vendor by Amazon. Vendor shall co-operate fully with Amazon and any new contractor, if applicable, during the transition phase leading to termination or expiry of this Agreement or following its assignment. This co-operation shall extend to full access to all documents, reports, summaries and any other information required to achieve an effective transition without disruption to routine operational requirements. Any reference in this Section to this Agreement shall, where the context permits, include reference to any Work Order. 

3.      Data Protection.  Each party undertakes to comply with its respective obligations under applicable data protection or privacy Laws concerning the collection, processing and use of personal data and any applicable codes of practice and best practice guidance issued by any  applicable authorities (together, the “Data Protection Requirements”). In particular and  without limitation, where in the course of providing the Products or Services, Vendor  processes personal data (as defined in the Data Protection Requirements) on Amazon’s behalf Vendor will: (a) act only on instructions from Amazon as data controller, take appropriate technical and organizational measures against unauthorized or unlawful processing of such personal data and against accidental loss or destruction of, or damage to the same; (b) transfer any such personal data outside South Africa in accordance with applicable Data Protection Requirements and only to the extent of any express written consent of Amazon which may be refused at Amazon’s sole discretion; (c) allow Amazon access to any relevant premises owned or controlled by Vendor on reasonable notice to inspect Vendor’s procedures in relation to the processing of the personal data and will, on request from time to time, prepare a report for Amazon as to Vendor’s current technical and organizational measures used to protect any such personal data; and (d) keep all materials containing such personal data in a safe and secure place (or if held electronically Vendor shall ensure it has appropriate electronic security systems in place) and shall return them to Amazon (or if held electronically Vendor shall ensure all files containing data are deleted and shall provide written confirmation of this to Amazon) immediately on termination or expiry of this Agreement or sooner on Amazon’s written request. Further, to the extent that Vendor or any of its Personnel collects or provides Amazon with personal data in connection with the Services, Vendor hereby acknowledges and agrees that it is solely responsible for obtaining all consents required under Data Protection Requirements in connection with the collection, disclosure, use, processing and transfer of the personal data to and by Amazon or its Affiliates, or any of their respective directors, officers, employees, agents, successors or assigns, in connection with the Services or exercise of Amazon’s rights related to the Services.