Terms and Conditions

Last Updated

 

  1. Agreement to Terms
    • These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and MyPerks (Pty) Ltd, located at Woodstock Exchange 5th Floor, 66 Albert Street, Woodstock, Cape Town, Western Cape, 7708, South Africa (“we” “us” “our”), concerning your access to and use of the MyPerks (Pty) Ltd (http://vodabucks.myperks.co.za) website as well as any related applications and services (the Site). You agree that by accessing the Site, and/or purchasing or redeeming something from us (the Services), you have read, understood and agree to be bound by all these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

 

  • The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents may be posted on the Site from time to time, are expressly incorporated by reference.

 

  • We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as its accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

 

  • We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/ or our business priorities.

 

  • Our site is directed to people over the age of 18 residing in South Africa. The information provided on the Site is not intended for distribution or use by any person or entity in any other jurisdiction or country where such distribution or use would be contrary to the law or regulation or which subject us to any registration requirement within such jurisdiction or country.

 

  • The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services.

 

  • Additional policies which also apply to your use of the Site include:
    • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to use. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

 

  1. PRODUCTS OR SERVICES
    • Certain products or services may be available exclusively online through the website.
    • Voucher codes are only valid for a period of 14 (fourteen) days and shall expire if they are not redeemed within the 14 day period.
    • We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
    • We reserve the right, but are not obligated, to limit the sales or redemption of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
    • We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

  1. ACCURACY OF BILLING AND ACCOUNT INFORMATION
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
    • You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    • Your submission of personal information through the store is governed by our Privacy Policy.

 

  1. Acceptable Use
    • You may not access or use the site for any purpose other than that for which we make the site and our services available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

  • As a user of this site, you agree not to:

 

  • Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us
  • Circumvent, disable or otherwise interfere with security- related features of the site, including features that prevent or restrict the use of copying of any content or enforce limitations on the use
  • Engage in unauthorized framing or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Transmit any defamatory, offensive or otherwise objectionable information in relation to the use of the site. MyPerks does not accept any racial speech, hate speech, vulgar language or any negativity about anything or anyone.
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining tools, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the site in order to harass, abuse or harm another person
  • Use the Site or our content as part of any effort to compete with us or to create a revenue generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate or threaten any of our employees, agents or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, Python, JavaScript or other code
  • Upload or transmit (or attempt to upload or transmit) viruses, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Misrepresent experience, skills or information about a User
  • Advertise products or services no intended by us
  • Falsely imply a relationship with us or another company with whom you do not have a relationship

 

  1. Information you provide to us
    • You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and e ) you are not a minor  / under 18 years of age.
    • If you know or suspect that anyone other than you knows your user information (such as identification code or user name and/or password you must promptly notify us at hello@myperks.co.za
    • If you provide any information that is untrue, inaccurate, not current or incomplete we may suspend or terminate your account. We may remove or change a username, you select if we determine that such user name is inappropriate.

 

 

  1. Our Content
    • Unless otherwise indicated, the Site and Services including source code, database, functionality, software, website, designs, audio, video, text, photography, and graphics on the Site (Our Content) are owned or licensed to us, and we are protected by copyright and trade mark laws.

 

  • Except as expressly provided in these Terms and Conditions, no part of the Site, Services, or Our Content may be copied reproduced, aggregated republished, uploaded, posted, publically displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

  • Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print any portion of the Content to which you have properly gained access solely for your personal non-commercial use.

 

  • You shall not (a) try to grain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper o digital copies you may have downloaded.

 

  • We shall (a) prepare the Site and Our Content with reasonable skill and care; (b) use industry standard virus detection software to try to block the uploading of content to the site that contains viruses.

 

  • The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

 

  • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

 

  1. Link to third party content
    • The site may contain links to websites or applications operated by third parties. We do no have any influence or control over any such third-party website or application of the third-party operator We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

 

  • We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

  • MyPerks is not responsible for, and does not endorse or guarantee the availability of, merchant or third-party websites, goods, product, services or other resources, which may be accessed in connection with or by using the Site/Service. MyPerks will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, goods or services, or other materials on or available from such merchant or third-party websites or resources.

 

  1. Site Management
    • We reserve the right at our discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

 

  • We do not guarantee that this Site will be secure or free from bugs and viruses.

 

  • You are responsible for reconfiguring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

 

  1. Modifications to and availability of the Site
    • We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

 

  • We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage, inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain or support the Site or Services to supply any corrections, updates, or releases.

 

  • There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time without prior notice.

 

  • In order to ensure the security and reliable operation of the services to all users, we hereby reserve the right to take whatever action we may deem necessary to preserve the security, integrity and reliability of our network and back-office applications.

 

  • You may not utilise the Website in any manner which may compromise the security of our networks or tamper with the Website in any manner whatsoever, which shall include without limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should we suffer any damage or loss, civil damages shall be claimed by us.

 

  • Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Us and our affiliates, agents and/or partners.

 

  1. Disclaimer/ Limitation of Liability
    • MyPerks shall be exempted from and shall not be liable under any circumstances whatsoever for i) any direct or consequential damages of any nature or any loss of profit or special damages of any nature; ii) any negligence on its part or that of its servants or agents whatsoever and howsoever caused, arising out of or in connection with the use of the Site/Service, including but not limited to, any loss of goods, product or use, lost data, lost business profits, business interruption, unlawful disclosure of information or any other pecuniary loss.

 

  • Your use of the Site/Service is at your sole risk. TheSite/Service is provided on an “as is” and “as available” basis. We expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the service, any results obtained through the Site/Service, and any goods or service obtained on or through the Site/Service.

 

  • MyPerks makes no warranty: (1) that the Site/Service will meet your requirements, be uninterrupted, timely, secure, or error-free; (2) as to the results that may be obtained from the use of the Site/Service or as to the accuracy or reliability of any information obtained through the Site/Service or that defects in the Site/Service or information obtained through the Site/Service will be corrected; or (3) regarding any material and/or data downloaded or otherwise obtained through the use of or from the Site/Service (downloading or access is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data).

 

  • MyPerks makes use of 3rd party service providers that provide a number of services. While we take great care in the selection process of such service providers and ensure that they apply adequate security measures for the protection of information within their systems, we do not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto.

 

  • The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by stature, custom or usage, course of dealing, or common law) in connection with the Site and Services and your use thereof including without limitation , the implied warranties of satisfactory quality, fitness for a particular purpose and noninfringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/ or any and all personal information and. Or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions is such delay or failure is caused by an event beyond our reasonable control.

 

8.6     We will not be labile to you for any loss or damage, whether in contract,  delict, (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use, our Site /Services or
  • Use of or reliance on any content displayed on our Site

In particular we will not be liable for:

  • Loss of profits, sales, business, or revenue;
  • Business interruption;
  • Loss of anticipated savings;
  • Loss of business opportunity, goodwill or reputation; or
  • Any indirect or consequential loss or damage

 

8.7 MyPerks shall not be held responsible for any delay or failure in performance of Services under this agreement arising out of causes beyond its control, or without its fault or negligence. Such causes may include, but are not limited to, fires, terrorist acts, strikes, acts of regulatory agencies or national disasters.

 

  1. Term and Termination
    • These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable.

 

  • Without limiting any other provision of these Terms and Conditions , we reserve the right to, in our sole discretion and without notice or liability, deny access to and use the Site and Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation , warranty or covenant contained in these Terms and Conditions or any applicable law or regulation.

 

  • If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

 

  • If we terminate or suspend your account for any reason set out in this Section 10, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.

 

 

 

 

  1. Mobile Application

 

  • If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

 

  • You will not:
  • Reverse engineer, decompile or otherwise try to discover the source code of the software/application unless you have first written to us requesting interoperability information and we have failed to provide you with that information or if we have failed to offer to provide you with interoperability information on reasonable conditions;
  • Make any modification, adaptation, improvement enhancement, translation or derivative work from the application;
  • Breach any applicable laws, rules or regulations in connection with your access or use of the application;
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) posted by us or the licensors of the application;
  • Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is no designed or intended;
  • Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  • Use the application for creating a product, service or software that is, directly or indirectly competitive with or in any way a substitute for the application;
  • Use the application to send automated queries to any websites or to send any unsolicited commercial e-mail; or
  • Use the proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

 

  • The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the services:
  • The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the user rules set forth in the application App Distributor terms of service;
  • We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  • In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and polices, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no warranty obligation whatsoever with respect to the mobile application.
  • You must comply with applicable third-party terms of agreement when using the mobile application, e.g. If you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application and
  • You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right) and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

 

  1. General
    • Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

 

  • You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

  • These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

 

  • Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

 

  • We may assign any or all of our rights and obligations to others at any time.

 

  • We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond reasonable control.

 

  • If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

 

  • There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

 

  • In the event of any dispute arising in respect of these terms & conditions, including the implementation, execution, interpretation, rectification, validity, enforceability, termination or cancellation of this agreement, the parties shall attempt to settle such dispute by mediation. If the parties are unable to settle the dispute via mediation within 30 days, the said dispute will, if made by any party on written notice to the other parties, be referred to arbitration.

 

  • These Terms and Conditions, their subject matter and their formation are governed by South African Law. We both agree to the exclusive jurisdiction of the Magistrate’s Court based in Cape Town.In order to resolve a complain regarding the Services or to receive further information regarding the use of the Services, please contact us by email at hello@myperks.co.za

 

  1. Electronic Communications and Transactions Act required information for website:

 

MyPerks (Pty) Ltd  is, in terms of section 43 of the Electronic Communications and Transactions  Act, required to make its contact details, its address for service of documents and certain other information available on our website.

Address:  MyPerks (Pty) Ltd Woodstock Exchange 5th Floord, 55 Alebert Street, Woodstock, Cape Town 7708

Website Address: http://myperks.co.za

Email Address: hello@myperks.co.za