Terms and Conditions

END USER

GENERAL TERMS AND CONDITIONS

made and entered into by and between:–

ENDOR TECHNOLOGY (PTY) LTD t/a ACOIN

(Registration Number: 2020/561772/07)

and

THE CONSUMER

1   

DEFINITIONS AND INTERPRETATION

1.1  

In this Agreement, the following expressions shall, unless otherwise stated or inconsistent with the context in which they appear, bear the following meanings and other words derived from the same origins as such words (that is, cognate words) shall bear corresponding meanings:

1.1.1      

aCoin” means Endor Technology (Pty) Ltd t/a aCoin (registration number: 2020/561772/07), a private company duly incorporated in accordance with the Company Laws of the Republic of South Africa;

1.1.2      

Agreement” means this agreement, including all/any Annexures as amended from time to time;

1.1.3      

Business Day” means any day other than a Saturday, Sunday or gazetted national public holiday in the Republic of South Africa;

1.1.4      

Companies Act” means the Companies Act, No. 71 of 2008, as amended;

1.1.5      

Complimentary Voucher” means a Voucher which has been offered, free of charge, by aCoin to the Consumer;

1.1.6      

Consumer” means the consumer/s of the Merchant who wishes to pay for goods supplied and/or services rendered by the Merchant utilising a Voucher;

1.1.7      

CPA” means Consumer Protection Act, 68 of 2008;

1.1.8      

Merchant” means a third party seller of goods or services to be provided to the Consumer, which third party will be pre-approved by aCoin to enter into and conclude Transactions using Vouchers;

1.1.9      

Parties” means the parties to this Agreement, being aCoin and the Consumer, and “Party” shall mean either one of them as the context may indicate;

1.1.10      

Redeemed Voucher” means any Voucher which has been redeemed in full as part of any Transaction to acquire goods or services offered by a Merchant and which Voucher is no longer capable of being redeemed;

1.1.11      

Signature Date” means, once all the Parties have signed/accepted the Agreement, the date on which it was signed/accepted by the last Party to do so;

1.1.12      

Transaction” means the presentation of a Voucher by the Consumer to the Merchant as a method of payment for the goods and/or services offered by the Merchant, which is authenticated by aCoin;

1.1.13      

Transaction Fee” means the banking and related administrative charges incurred by aCoin when processing a refund to the Consumer as set out in clause 7;

1.1.14      

VAT” means value-added tax, as levied in terms of the Value-Added Tax Act, No. 89 of 1991, as amended;

1.1.15      

Vendor” means either:

1.1.15.1         

a trader/vendor operating under aCoin’s brand, which trader/vendor has concluded an agreement with aCoin, in terms of which the trader/vendor has agreed to accept payments from the Consumer for the sale of the Voucher/s; or

1.1.15.2         

a legal entity (not operating under aCoin’s brand, whether an affiliate of aCoin or not), that has a system integration relationship with aCoin as a vendor in terms of which the legal entity has agreed to accept payments from the Consumer for the sale of the Voucher/s; and

1.1.16      

Voucher” means an electronic voucher purchased by the Consumer for a pre-agreed monetary value, which enables the Consumer to purchase goods, products and/or services from the Merchant without exchanging cash, each voucher having a voucher number generated by a unique algorithm, which is conveyed electronically or printed on paper, which when used by the Consumer, allows it to access to the goods, products and/or services offered by the Merchant;

1.1.17      

Website” means www.acoin.co.za and associated with it mobile-sites and software applications which are owned and operated by aCoin.

2   

INTRODUCTION

2.1  

This Agreement governs the use of the Website and the acquisition and redemption of Vouchers.

2.2  

The Website is an online marketplace that enables the Consumer to purchase a Voucher, which Voucher may be used to purchase certain products, goods and/or services offered by an aCoin-approved Merchant.

2.3  

By registering on the Website, accessing and/or using the Website, and/or purchasing a Voucher, the Consumer hereby agrees to be legally bound by this Agreement. The Consumer must not use the Website if he/she does not agree with the terms and conditions contained herein.

2.4  

This Agreement applies to Consumers who are consumers for purposes of the CPA.

2.5  

This Agreement contains provisions that appear in similar text and style which:

2.5.1      

may limit the risk or liability of the Website or a third party;

2.5.2      

may create risk or liability for the Consumer;

2.5.3      

may compel the user to indemnify the Website or a third party; and/or

2.5.4      

serves as an acknowledgement, by the Consumer, of a fact.

2.6  

If the Consumer does not understand this Agreement, it is his/her responsibility to ask aCoin to explain before acceptance of the Agreement or continue using the Website or purchase any Voucher.

2.7  

This Agreement is not intended or understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the Consumer or the Website in terms of the CPA.

2.8  

The Website and the Consumer (collectively referred to as the “Parties”) accordingly agree as setout herein.

3   

COMMENCEMENT

3.1  

Subject to clause 7.10.2 and the terms of this Agreement specifically referring to the circumstances under which this Agreement may be terminated or suspended with immediate effect, this Agreement shall commence on the date the Consumer registers on the Website, acquires a Voucher or otherwise accepts the terms and conditions contained herein.

4   

USE OF THE WEBSITE

4.1  

The Consumer may utilise the Website to purchase Vouchers by:

4.1.1      

purchasing a once-off Voucher; or

4.1.2      

creating an online account to purchase Vouchers.

4.2  

By registering as a Consumer, the Consumer shall be able to view a history all Vouchers purchased, including all Redeemed Vouchers.

4.3  

To register as a Consumer, the Consumer must provide a unique username and password (“Credentials”) and provide certain information and personal details to the Website.

4.4  

A Consumer can only use the Website upon registration on the Website or when accepting the terms and conditions contained herein. The Consumer’s Credentials will be needed to use and access the Website in order to purchase the Voucher.

4.5  

The Consumer hereby agrees that once the correct Credentials to the Consumer’s account have been entered, irrespective of whether the use of the Credentials is unauthorised or fraudulent, the Consumer will be liable for payment of any Voucher/s acquired and aCoin will not be liable for any Vouchers redeemed or refunded, save where the Voucher/s is cancelled by the Consumer in accordance with this Agreement.

4.6  

The Consumer hereby agrees to notify aCoin immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the Consumer’s Credentials and to take reasonable and necessary steps to mitigate any resultant loss or harm.

4.7  

The Website reserves its right to terminate unconfirmed and/or inactive accounts. In addition, the Website reserves its sole and absolute discretion to refuse or to terminate all or part of its services to the Consumer for any reason whatsoever.

4.8  

aCoin may, in its sole discretion, suspend, modify or terminate the Website, with or without notice to the Consumer. The Consumer hereby agrees that aCoin will not be liable to the Consumer in the event that it chooses to suspend, modify or terminate the Website other than for processing any purchases made by the Consumer prior to such time, to the extent possible.

5   

PAYMENT

5.1  

aCoin is committed to providing secure online payment facilities. All Transactions are protected using appropriate encryption technology.

5.2  

When purchasing the Voucher on the Website, payment shall be made by the Consumer to aCoin by direct bank deposit, instant electronic funds transfer (EFT), debit card or credit card. Where a debit or credit card is used, aCoin may require additional information in order to authorise and/or verify the validity of payment. In such cases, aCoin may not process the Transaction/s and aCoin shall be entitled to withhold the Voucher until such time as the additional information is provided and authorisation is obtained by the Website for the amounts. If such authorisation is not received, the Voucher will be cancelled.

5.3  

Once the Consumer has selected a payment method, save for direct bank deposit, the Consumer will be directed to a link to a secure site for payment of the Voucher.

5.4  

Selected Vendors will have an option for the Consumer to make in-store payments for the Voucher. When purchasing the Voucher in-store, payment shall be made by the Consumer to the Vendor by using an in-store point-of-sale device. The Vendor may require additional information in order to authorise and/or verify the validity of payment, including but not limited to, proof of identity document.

6   

USE OF VOUCHER

6.1  

With every Voucher purchased by the Consumer from the Website or from a Vendor, a unique number shall be generated in respect of that particular Voucher (the “Voucher Number”). The Voucher Number is the unique code assigned to each Voucher which will be used to redeem the value of the Voucher with any Merchant.

6.2  

The Consumer hereby accepts that he/she is responsible for ensuring the safety and security of the Voucher Number.

6.3  

The Consumer shall be entitled to utilise the Voucher as a means of payment for goods and/or services provided by the Merchant.

6.4  

The Parties agree that the Consumer may be issued with a Complimentary Voucher. In such circumstances, the Voucher will be deemed to have been issued on the date on which the Consumer receives and is able to redeem the Voucher.

6.5  

The Consumer hereby agrees that:

6.5.1      

the redemption of a Voucher is final, irrevocable and cannot be reversed;

6.5.2      

unless payment of funds by the Merchant to the Consumer is a function or purpose of the goods and/or services purchased and such function or purpose is legally exercised, the Merchant shall not make any payment, whether directly or indirectly, for cash or otherwise, to the Consumer or to any third party in respect of the Redeemed Voucher; and

6.5.3      

subject to clause 7.4, the Merchant shall not make any refund whether directly or indirectly, for cash or otherwise, to the Consumer or to any third party in respect of the Redeemed Voucher.

7   

REFUNDS OF VOUCHERS

7.1  

The Consumer shall only be entitled to process a refund within six months from the date of Purchase of the Voucher.

7.2  

Where the Consumer wishes to refund his/her Voucher, the Consumer shall request a refund on the Website. aCoin shall, once it has validated the Voucher, process the refund for the current value of the Voucher less the Transaction Fee. The Consumer shall be entitled to determine the manner in which he/she wishes to receive the refund in accordance with clause 7.8 below.

7.3  

The Consumer agrees and acknowledges that in order for a refund request to be processed efficiently, the Consumer shall be responsible to safeguard his/her Voucher Number in respect of his/her Voucher, which Voucher shall be provided to aCoin. However, the Consumer agrees and acknowledges that aCoin accepts no liability in the event that aCoin is unable to process a refund in circumstances where:

7.3.1      

the Consumer’s request for a refund in respect of his/her Voucher surpasses six months from the date of Purchase of the Voucher; or

7.3.2      

the Consumer’s Voucher Number has been redeemed, misplaced, stolen or forgotten.

7.4  

The Consumer further acknowledges and agrees that to the extent that any dispute arises between the Merchant and the Consumer in respect of the goods/services offered by the Merchant, including but not limited to defective Goods, incomplete services, false/misleading advertising on the part of the Merchant, such a dispute is to be resolved as between the Merchant and the Consumer. All/any refunds in this regard are to be processed by the Merchant.

7.5  

Where refunds are permitted, aCoin shall set a default mechanism that automates the refund process on the Website.

7.6  

Where processes have been set up to automatically accept requests for refunds the Website shall generate a new Voucher Number which will be provided to the Consumer by aCoin.

7.7  

Subject to clause 7.10.2, aCoin shall only be obliged to process refunds in circumstances where the Voucher has been Purchased and not in circumstances where the Consumer has received a Complimentary Voucher.

7.8  

In order to process a refund, the Consumer shall be required to present the relevant Voucher Number. The Consumer accepts that aCoin shall not be able to process any refund(s) without the Consumer presenting the relevant Voucher Number, which he/she wishes to receive a refund for.

7.9  

In in the event that the Consumer requests a refund, the Consumer may elect to:

7.9.1      

receive a credit note in the form of a new Voucher, reflecting a new Voucher Number, for an amount equal to the purchase price of the initial Voucher less the Transaction Fee, which he/she shall be entitled to use in future; or

7.9.2      

receive a credit note in the form of a new Voucher, with a new Voucher Number, for an amount equal to the purchase price of the initial Voucher less the Transaction Fee, which he/she may be entitled to gift to his/her nominated family member, friend or other; or

7.9.3      

provide his/her banking details to aCoin in order for Consumer to receive the value of the initial Voucher less the Transaction Fee by way of a cardless ATM withdrawal.

7.10  

The Consumer accepts that:

7.10.1      

aCoin shall not be responsible for any loss or unauthorised use of the goods and/or services after they have been delivered by the Merchant to the Consumer;

7.10.2      

in the event that the Consumer utilises the Voucher to purchase illegal goods/services from a Merchant, aCoin may, in its discretion, elect not to refund the Consumer and may report the Consumer and/or Merchant to the relevant Law enforcement; and

7.10.3      

to the extent that any dispute arises between the Merchant and the Consumer in respect of the goods/services offered by the Merchant, such a dispute is to be resolved as between the Merchant and the Consumer.

7.11  

Subject to clause 7.10.2, aCoin shall only be obliged to process refunds in circumstances where the Voucher has been Purchased and not in circumstances where the Consumer has received a Complimentary Voucher.

8   

UNDERTAKINGS AND LISTING CONDITIONS

8.1  

The Consumer undertakes that it shall not:

8.1.1      

breach or circumvent any laws, third party rights or the Website’s policies;

8.1.2      

fail to pay for the Voucher purchased on the Website;

8.1.3      

use the Voucher to request to purchase or purchase any goods/services which are illegal, including any goods or items which are prohibited for sale by law, or which could reasonably be construed as being prohibited by law;

8.1.4      

transfer his/her account including the Credentials on the Website to another Consumer without the Website’s consent; and

8.1.5      

infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (“Intellectual Property”) that belongs to or are licensed to the Website or another user registered on the Website.

8.2  

aCoin undertakes that it shall:

8.2.1      

not to sell or make the Consumer’s personal information available to any third party other than as provided in this Agreement;

8.2.2      

provide secure online payment facilities protected by the appropriate encryption technology; and

8.2.3      

take reasonable steps to ensure that the Website reflects accurate descriptions, purchase prices and all/any Transaction Fees on the Website.

9   

LIMITATION OF LIABILITY

9.1  

The use of the Website is entirely at the Consumer’s own risk and the Consumer assumes full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.

9.2  

aCoin cannot be held liable for any inaccurate information published on the Merchant’s website or in store in respect of goods/services offered and/or any incorrect prices displayed by the Merchant, save where such liability arises from the gross negligence or willful misconduct of aCoin, its employees, agents or authorised representatives. The Consumer is encouraged to contact the Merchant directly to report any possible malfunctions or errors.

9.3  

aCoin shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Consumer’s use of, or reliance upon, the Website or the content contained in the Website, or the Consumer’s inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

9.4  

The Website disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the Consumer’s access to or use of the Website and/or any content therein unless otherwise provided by law.

9.5  

The Consumer hereby indemnifies aCoin, its employees, agents and authorised representatives and holds any and all of them harmless against any claim, charge or criminal prosecution which may arise as a result of the utilising of the Voucher to purchase goods and/or services offered by the Merchant, which goods and/or services may deal or trade in or distribute or acquire any illegal substance or product or any illegal/illicit trade the Merchant may offer, and aCoin shall not be in any way responsible for any legal action or criminal prosecution which a Consumer and/or the Merchant may face as a result of any misuse of the Voucher/s.

9.6  

Whilst aCoin shall do all things reasonably necessary to protect the Consumer’s rights to privacy, including compliance with all applicable local laws, aCoin cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosure of the Consumer’s personal information, whilst in the Website’s possession, made by third parties who are not subject to the Website’s control, unless such disclosure is as a result of the gross negligence or willful misconduct of aCoin, its employee(s), agent(s) or authorised representative(s).

9.7  

Should the Consumer disclose his/her personal information to a third party, such as a Merchant which operates a website linked to this Website or anyone other than this Website, the Website shall not be liable for any loss or damage, howsoever arising, suffered by the Consumer as a result of the disclosure of such information to the third party. aCoin cannot regulate or control how the third party uses the Consumer’s personal information, and as such the Consumer should ensure that he/she reads the privacy policy of any third party.

10   

INDEMNITY AND WARRANTIES

10.1  

By using the Website, the Consumer warrants that he/she is 18 (eighteen) years of age or older and of full legal capacity. Should the Consumer be under the age of 18 (eighteen) years or not legally permitted to enter into a binding agreement, then the Consumer may only use the Website with supervision of a parent or legal guardian. If the parent or legal guardian supervises the Consumer and gives his/her consent, then such person agrees to be bound to this Agreement and to be liable and responsible for the Consumer and all of the Consumer’s obligations under this Agreement.

10.2  

The Consumer agrees that he/she is making use of the Website at his/her own risk, and that the Website is provided to the Consumer on an “as is” and “as available” basis.

10.3  

The Consumer agrees that the Website cannot guarantee a continuous operation of or access to services on the Website. Functionality of listings, promotions and sales may not occur in real time and such functionality is subject to delays beyond the aCoin’s control.

10.4  

The Consumer hereby indemnifies aCoin against any loss, claim or damage which may be suffered by the Consumer or any third party arising in any way from the Consumer’s use of the Website and/or any linked third party website.

10.5  

Any Voucher(s) listed, promoted or sold, including any views or statements made or expressed on the Website are not necessarily the views of the Website, its employees, directors, affiliates and/or agents.

10.6  

In addition to the limitation of liability and disclaimers contained in this Agreement, aCoin also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the Consumer’s computer system, computer network, hardware or software in any way. The Consumer accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device or the Consumer’s hardware or software, save where such risks arise due to the gross negligence or willful misconduct of aCoin, its employees, agents or authorised representatives. The Website thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the Consumer’s access to or use of the Website.

10.7  

In respect of all obligations and liabilities which arise in respect of this Agreement entered into by and between the Website and the Consumer, the Consumer hereby irrevocably and unconditionally accepts and undertakes all such obligations and liabilities, and hereby indemnifies the Website including its employees, directors, agents and/or sponsors, in respect of any claim, action, damage, loss, liability, cost or expense which the Consumer may pay, suffer, incur, or be liable for, as a result of any claim by any person in connection with the Website or sale of goods and/or services rendered by the Merchant, due to any actions or omissions of the Consumer, or any of its staff, contractors, agents, representatives or appointees, whether willful or negligent.

10.8  

aCoin endeavours to provide accurate and up-to-date information on the Website. However, aCoin cannot be held responsible and liable for any errors, inaccuracies damage caused as a result of the use of, inability to use the Website.

10.9  

The Consumer’s indemnification of aCoin shall cover all legal actions, suits, proceedings, claims, demands, costs and expenses whatsoever, which may be brought against aCoin or incurred or become due and payable by the Website arising from or in respect of the sale of goods and/or services provided by the Merchant, including but not limited to, any claims arising out of the purchase of goods/services by the Consumer using his/her Voucher.

10.10  

For the avoidance of doubt, the Merchant indemnifies aCoin and holds it harmless for any and all damages or loss (including but not limited to loss of money, goods/services, goodwill or reputation) resulting directly or indirectly from:

10.10.1      

the use of or inability to use the Website;

10.10.2      

Voucher pricing, promotion or displaying on the Website;

10.10.3      

delays or disruptions on the Website;

10.10.4      

glitches, bugs, errors or inaccuracies of any kind on the Website; and

10.10.5      

viruses or other malicious software obtained through the Website.

11   

PRIVACY POLICY

11.1  

The Website shall take all reasonable measures to protect the Consumer’s privacy as more fully set out below.

11.2  

Upon registration on the Website or prior to purchasing any Voucher/s, aCoin may require the Consumer to provide personal information which includes but is not limited to, name, surname, email address, physical address, gender, mobile number and date of birth.

11.3  

Should the Consumer’s personal information change, he/she should inform aCoin and provide updates to the personal information as soon as reasonably possible to enable aCoin to update the personal information.

11.4  

The Consumer may choose to provide additional personal information to aCoin, in which event the Consumer agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent an affiliation with anyone or anything.

11.5  

aCoin will not, without the Consumer’s express consent:

11.5.1      

use the Consumer’s personal information for any purpose other than as set out below:

11.5.1.1         

in relation to the purchasing of a Voucher/s;

11.5.1.2         

to contact the Consumer regarding any errors with a Voucher/s purchased by the Consumer from the Website, affiliates and/or partners (to the extent that the Consumer has not opted out from receiving marketing material from the Website);

11.5.1.3         

to inform the Consumer of new features, special offers and promotional competitions offered by aCoin or any of its divisions, affiliates and/or partners (to the extent that the Consumer has not opted out from receiving marketing material from the Website); and

11.5.1.4         

to improve the Consumer’s experience on the Website by, for example, monitoring the Consumer’s browsing habits, or tracking the Consumer’s purchases on the Website; or

11.5.2      

disclose the Consumer’s personal information to any third party other than as set out below:

11.5.2.1         

to the Website’s employees and/or third party service providers who assist aCoin to interact with the Consumer through the Website, email or any other method;

11.5.2.2         

to the Website’s divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the Consumer by email or any other method for purposes of sending the Consumer marketing material regarding any current or new specials offered by them (unless the Consumer has opted out from receiving marketing material from the Website);

11.5.2.3         

to law enforcement, government officials, fraud detection agencies or other third parties when the Website believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of this Agreement;

11.5.2.4         

to aCoin’s service providers (under contract with aCoin) who help with the parts of the Website’s business operations (fraud prevention, marketing, technology services etc.);

11.5.2.5         

to the Merchants in order for them to liaise directly with the Consumer regarding any faulty goods and/or services the Consumer purchased (using the Voucher) which requires their involvement; and

11.5.2.6         

to any Merchant for purposes of sending the Consumer an invoice for any goods purchased and/or services rendered by such Merchant, which disclosed information will be limited to the Consumer’s email address.

11.6  

The Consumer accepts that aCoin is entitled to use or disclose the Consumer’s personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on aCoin, or to protect and defend aCoin’s rights or property. In the event of a fraudulent online payment, aCoin is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

11.7  

aCoin shall ensure that all of its employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to the Consumer’s personal information are bound by appropriate and legally binding confidentiality obligations in relations to the Consumer’s personal information.

11.8  

Notwithstanding anything to the contrary, aCoin shall not retain the Consumer’s personal information longer than the period for which it was originally needed, unless aCoin is required by law to do so, or the Consumer consents to aCoin retaining such information for a longer period.

12   

CHANGES TO THE TERMS OF USE

12.1  

aCoin reserves its right to amend, update, change or replace any part of this Agreement and provisions contained herein at its sole and absolute discretion. Any amendment, update, change or replacement of this Agreement and provisions shall be delivered to the Consumer by way of email, and the continued use of and access of the Website following any amendment, update, change or replacement of provisions shall constitute acceptance of same.

13   

AVAILABILITY OF WEBSITE AND TERMINATION

13.1  

aCoin will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and is entitled to discontinue providing the Website services or any part thereof with or without notice to the Consumer. aCoin may, in its sole and absolute discretion, terminate the Agreement if the Consumer fails to comply with any of the provisions contained herein.

13.2  

The Consumer hereby agrees that aCoin will not be liable to the Consumer in the event that it chooses to suspend, modify or terminate the Website other than for processing any new Transactions made by the Consumer prior to such time, to the extent possible.

13.3  

Should the Consumer fail to comply with his/her obligations under this Agreement, including any incident involving payment of the purchase price of the Voucher, this may lead to a suspension and/or termination of the Consumer’s access to the Website without any prejudice to any claim for damages or otherwise which the Website or Merchant may have against the Consumer.

13.4  

The Website is entitled, for purposes of preventing suspected fraud and/or where it suspects that the Consumer is abusing the Website and/or has created multiple user profiles to take advantage of a promotion intended by the Website to be used once-off by the Consumer, to blacklist the Consumer on the Website’s database (including suspending or terminating the Consumer’s access to the Website), refuse to accept or process payment on any Voucher, and/or to cancel any Transaction concluded between the Consumer and the Website, in whole or in part, on notice to the Consumer. The Website shall only be liable to refund the Consumer money already paid (less the Transaction Fee) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any purchase of a Voucher.

13.5  

The Consumer may, at any time, choose to terminate use of the Website, with or without notice to the Website.

14   

GENERAL

14.1  

Ownership and Copyright

The contents of the Website, including any material, information, data, software, icons, texts, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, service marks which are displayed on or incorporated on the Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of aCoin, its advertisers and/or sponsors and/or licensed to aCoin.

14.2  

Electronic Communications

The Consumer hereby agrees and consents to receiving communication from the Website or any of its divisions electronically in accordance with the privacy laws of South Africa.

14.3  

Warrant of Authority

Each Party, and the signatories hereto warrants to the other Party that it has the power, authority and legal right to sign/accept the terms hereof and perform in terms of this Agreement and that this Agreement has been duly authorised by all necessary actions of its directors and constitutes valid and binding obligations on it in accordance with the terms of this Agreement.

14.4  

Implementation and Good Faith

The Parties undertake to do all such things, perform all such acts and take all steps or procure the doing of all such things, the performance of all such acts and the taking of all such steps, as may be necessary or incidental to give or be conducive to the giving of effect to the terms, conditions and import of this Agreement. The Parties shall at all times during the continuance of this Agreement observe the principles of good faith towards one another in the performance of their obligations in accordance with the terms of this Agreement. This implies that they shall (i) at all times during the term of this Agreement act reasonably, honestly and in good faith; (ii) perform their obligations arising from this Agreement diligently and with reasonable care; and (iii) make full disclosure to each other of any matter that may affect the execution of this Agreement.

14.5  

Whole Agreement

This Agreement constitutes the whole Agreement between the Parties as to the subject matter hereof and no Agreement, representations or warranties between the Parties other than those set out herein are binding on the Parties.

14.6  

Cession and Delegation

The Parties agree that neither Party shall be entitled to cede, in whole or in part, any of its rights, or sub-license, delegate or sub-contract, in whole or in part, any of its rights or obligations, arising from this Agreement without the prior written consent of the other Party.

14.7  

Variation

No addition to or variation, consensual cancellation or novation of this Agreement and no waiver of any right arising from this Agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by all the Parties or their duly authorised representatives.

14.8  

Governing Law and Jurisdiction

The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of South Africa. The Parties hereby consent to the adjudication of any dispute, to the degree that such dispute is not otherwise regulated in terms of this Agreement, by any South African court of competent jurisdiction; in accordance with, and in amplification of which, the Parties hereby specifically consent to the exclusive jurisdiction of such court. Nothing in this clause 14.8 or this Agreement limits the Consumer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, No. 68 of 2008.

14.9  

Relaxation

No latitude, extension of time or other indulgence which may be given or allowed by any Party to any other Party in respect of the performance of any obligation hereunder or enforcement of any right arising from this Agreement and no single or partial exercise of any right by any Party shall under any circumstances be construed to be an implied consent by such Party or operate as a waiver or a novation of, or otherwise affect any of that Party’s rights in terms of or arising from this Agreement or stop such Party from enforcing, at any time and without notice, strict and punctual compliance with each and every provision or term hereof.


Last updated: 18.07.2021