1.1 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user” or ‘the customer”), including without limitation a user who registers an account. By using the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.2 The Terms and Conditions of business (hereinafter referred to as “Terms”) apply exclusively in the business transactions of Voucher4U (Pty) Ltd (“ “Voucher4U” or “the Company”), with its principal place of business at 99 Rosmead Avenue, Kenilworth, Cape Town, South Africa, 7708 a material supplier of goods, (hereinafter referred to as “Vouchers”) with the person or company who purchases goods or services from VOUCHER4U as a sophisticated end user not being a consumer (hereinafter referred to as “Customer”).
1.3 These Terms are applicable to all goods and services that Voucher4U provides to Customers which you acknowledge to be of such a nature that Voucher4U acts as an intermediary. The goods and services shall be provided exclusively on the basis of these Terms and specifically provided by the vendors. To the extent that there is any conflict with the Terms and any other provisions it is specifically recorded that these terms and conditions take preference.
1.4 Unless otherwise agreed, the Terms shall apply in the version applicable at the time of the respective conclusion of the Contract with the Customer.
1.5 These Terms shall also apply to future similar legal transactions between VOUCHER4U and the Customer.
1.6 References to the applicability of statutory provisions are for clarification purposes only. The actual statutory provisions form part of these Terms and shall therefore apply irrespective of a corresponding clarification, insofar as they are not directly amended or expressly excluded in these Terms.
1.7 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
1.8 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
1.9 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
1.10 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Voucher4U to explain it to you before you accept the Terms and Conditions or continue using the website.
1.11 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Voucher 4U in terms of the CPA.
1.12 Voucher4U permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
1.13 All rights are reserved to cancel orders placed if there has been misuse of the voucher or unsolicited voucher use.
1.14 By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
1.15 You must provide accurate and complete information to register for an account in order to make purchases. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or effect a purchase on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.
1.16 Changes to the Terms will be available on https://voucher4u.store website. In this regard you undertake to visit the website regularly to check whether the Terms have changed.
1.17 The order of the goods and/or services by the Customer shall be deemed to be a binding offer directed towards the conclusion of a Contract with VOUCHER4U. Please also note that in respect of purchases of a Voucher, there may be a contract between you and the business that actually provides the Products when you redeem your Voucher with that business (the “Vendor“). In respect of any Vouchers, we do not assume responsibility for any contracts regarding the redemption of your Voucher with a vendor.
1.18 Each accepted offer shall be a separate agreement governed by these Terms.
All vouchers are electronically transmitted as digital pins or redemption codes. Delivery is endeavoured to take place immediately upon processing following receipt of payment, or as soon as possible thereafter. Consumers have the option to view all purchased vouchers in their profile on the Voucher4U site.
3.1 Vouchers expire at the end of the validity period indicated at the time of purchase. Voucher4U is not obligated to extend the validity period of a voucher beyond the specified date.
4.1 Vouchers may only be transfer by a customer at check out stage and only at this point in the purchase may a customer direct who the recipient is and the details of such recipient provided.
5.1 A customer is entitled to cancel their purchase, provided that it has not yet been processed. If it has been processed, our Returns Policy will apply.
6.1 Unless payment in advance or otherwise agreed in the Contract, the price for goods or services shall be paid immediately via the client portal (“Client Portal”) using a third party payment system.
6.2 Invoices will sit on the customers profile on our site.
6.3 You warrant that you are fully authorised to use the debit/credit card supplied for purposes of effecting payment. You also warrant that your debit/credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
6.4 All prices are net prices and are to be paid plus VAT and/or any other taxes, duties or customs in accordance with applicable law.
6.5 All payments to VOUCHER4U must be made in cleared funds, in the full invoiced amount and free from any deductions or set-off.
6.6 If the payment made by the Customer is unsuccessful or defaulted upon in any manner or the Customer did not perform, the voucher will not be released to the Customer.
7.1 Pursuant to the rights and obligations contained in the Protection of Personal Information Act 4 of 2013 (“POPI”):
7.2 The processing of your personal information is regulated in terms of our Privacy Policy published on our website.
7.3 You acknowledge that by using this Website, you consent to us collecting and processing your personal information.
8.1 VOUCHER4U shall not be liable towards the Customer or any other person for any loss, damage, claims, demands, liability, costs or expenses of any nature whatsoever and howsoever arising including but not limited to direct, indirect, incidental special or consequential damages, which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website, the expiration of voucher, or the use of the Client Portal whether based upon inter alia lost goodwill, loss of profits, loss of revenue or by reason of any representation (unless fraudulent or through wilful misconduct) or any implied or tacit warranty, condition or term not expressly provided for these Terms. The Customer indemnifies VOUCHER4U and holds it harmless from any such loss, damage, claims, demands, liability, costs or expenses of the Customer or third party. This provision shall survive the termination of the Contract and shall be liberally construed in favour of VOUCHER4U.
8.2 Voucher4U also makes no warranty or representation, whether express or implied, that the information 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 your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of any 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 your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Voucher4U, its employees, agents or authorised representatives.
8.3 Voucher4U shall not be liable for any expiration of vouchers for any reason whatsoever. It is important to note that the expiration dates of vouchers are not within our liability. Typically, expiration dates are relatively short, and any concerns or inquiries regarding voucher expiration should be directed to the specific terms outlined by the vendor. We recommend reviewing and understanding the terms and conditions associated with each voucher to ensure compliance with any expiration policies set forth by the vendor.
8.4 You acknowledge that we are also not responsible for lost or stolen vouchers. It is the responsibility of the voucher holder to safeguard the voucher. No replacements or refunds will be provided for lost or stolen vouchers
8.5 You further acknowledge that we are not liable for errors or omissions (e.g., listing a Voucher at R1.99 instead of R199.00. We will use reasonable endeavours to correct any errors or omissions as soon as feasible after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any voucher, item, services or information on the website or forming part of the services from time to time.
8.6 Vendor Disputes: As we collaborate with third-party vendors, any disputes related to the vendor of the voucher must be addressed directly with the vendor. We are not liable for any claims arising from disputes involving a third-party vendor, even in cases where the vendor has ceased operations after our delivery of the voucher.
9.1 The Vouchers, information contained on the website and any related products or services are offered on a strictly “as is” and “where-available” basis and the Company expressly disclaims, and you waive any right to claim all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the vouchers, information contained on the website and any related product or services offered, without any warranty as to merchantability or fitness for any particular purpose. You assume full responsibility for the risk or loss resulting from your use of the Site and any related products or services, and your reliance on the material and information contained on it. All the information on the website or provided to you is published in good faith and for general information purpose only. Voucher4U does not make any warranties about the completeness, reliability and accuracy of this information. Any action taken upon the information, is strictly at your own risk. Voucher4U shall not be liable for any losses and/or damages in connection with the use of the Sites, including the associated products or services. By using our website, you hereby consent to our disclaimer and agree to its terms.
10.1 You will not acquire any right, title or interest in or to the Website or the Website Content.
10.2 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
10.3 All content of the website is the exclusive property or has been used with the expressed permission of the copyright/trademark owner.
10.4 You are prohibited from copying, adapting, editing, changing, transmitting, posting, linking, transforming, publishing, republishing, distributing, redistributing, broadcasting, rebroadcasting or showing or playing in public this website or the material on this website (in any form or media) without prior written permission from the copyright/trademark owner.
11.1 Once we have accepted an offer to purchase from you, the sale is non-returnable, non-refundable and non-exchangeable. However, if there is a fault with the voucher as determined by us due to a defect caused by us, we will refund or replace the voucher after further confirmation with the vendor that a fault exists with the voucher. Refunds or replacements will not be offered if no fault is found with the voucher and is subject to the vendors discretion. You acknowledge that Voucher4U acts as intermediary and any claims must be directed to the vendor.
11.2 Incidental failures which prevent a voucher from being used for a period of time, such as IT outages, maintenance or service related incidents outside of the reasonable control of the vendor are also not considered as a voucher fault, and such events should be queried directly with the vendor for a resolution timeline. You acknowledge that Voucher4U will not be liable to you for any breach of obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including weather conditions, strikes, Acts of God, failure of any communications or computer systems.
11.3 By placing an order on the website, you acknowledge and agree to abide by our returns policy & these terms.
12.1 The VOUCHER4U Client Portal is a VOUCHER4U Southern Africa web service where all statements and invoices are issued electronically by VOUCHER4U, for all supplies made and services delivered to the Customer and such electronic statements and invoices are made available online to the Customer. These Terms of this Clause 9 shall govern and apply to all electronic statements and invoices transmitted electronically to the Customer through the VOUCHER4U Client Portal. In addition to electronic statements and invoices, electronic copies of delivery and return notes are also available on the VOUCHER4U Client Portal. All other existing contractual terms between VOUCHER4U and the Customer shall remain unchanged and in full force.
12.2 The user name and password are the means through which the Customer accesses its account on the VOUCHER4U Client Portal. The Customer acknowledges and agrees that it is the responsibility of the Customer to prevent any unauthorized use, including use by its employees, agents and legal representatives, of the unique username and password which the Customer selects.
12.3 The Customer will be responsible for maintaining the security of its account and keeping its username and password confidential and secure, and the Customer is fully responsible for all activities that occur under its account and in connection with the Customer's use of the VOUCHER4U Client Portal. The Customer agrees to notify VOUCHER4U immediately of any unauthorized use of its account or any other breaches of security. The Customer acknowledges and agrees that VOUCHER4U cannot and will not be liable for any loss or damage resulting from the Customer's failure to comply with this security obligation, from shared or unsecured user names and passwords, or for any acts or omissions, of the Customer or any of its employees, agents, assignees or e-mail users, including any damages of any kind incurred as a result of such acts or omissions.
12.4 The Customer agrees to defend, indemnify and hold harmless VOUCHER4U, its subsidiaries, affiliates, officers, directors, agents, partners, employees and attorneys for any loss, liabilities, damages, costs or expenses, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising out of or related to the (i) use of or connection to the VOUCHER4U Client Portal, (ii) use of any domain name; (iii) Customer's content; (iv) Customer's breach or violation of any term, condition, representation or warranty of this Clause 6; or (v) Customer's violation of any rights of others.
12.5 The terms of Clause 7 above shall apply, mutatis mutandis, to any loss, damage, claims, demands, liability, costs or expenses of any nature whatsoever and howsoever arising by either party arising from or connected with the use of the VOUCHER4U Client Portal, including any loss or corruption or destruction of data and/or any loss arising from the transmission of viruses, malware or cyber-attack.
12.6 VOUCHER4U is entitled to change the terms, related to the VOUCHER4U Client Portal and E-invoicing at any time and for any reason whatsoever. Should VOUCHER4U change the terms, the Customer will be notified of the changed terms. In such circumstances the Customer's further use of the VOUCHER4U Client Portal constitutes acceptance of the amended terms.
13.1 Third Party Websites which are outside of our control, including those of advertisers and may be required for the provision of the service offering and may include third party software, products, or services, (“Third Party Services”) and some parts of our Services, like our browse feature, may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them.
13.2 These Terms and Conditions do not apply to those Third Party Websites and Voucher4U is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
13.3 Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon
14.1 A domicilium citandi et executandi is used for the purposes of giving any notice, serving any legal process and for any other purpose arising from an agreement at your e-mail as set out in your application for registration on this site.
14.2 Any notice to be served, by either party to the other must be in writing and will be sent by email to the relevant party to this agreement at its respective address as specified on the application for registration on this site and, in the case of Voucher4U to info@voucher4u.store.
15.1 Voucher4U will terminate your account in the following instances:
15.2 You accept that any account which Wikideals deems necessary to terminate will be at Voucher4U discretion and Voucher4U will not be held liable by any other party due to account being terminated.
16.1 The Contract, these Terms and all matters arising therefrom or connected therewith shall be exclusively interpreted according to and governed by the laws of the Republic of South Africa. The parties hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of Act 32 of 1944, that has jurisdiction over them in terms of Section 28 of the aforementioned Act, but without depriving the parties from their rights to approach any competent court with jurisdiction, including the High Court, for any relief ancillary or interim to such proceedings.
17.1 Without derogating from the Parties rights as set out in the agreement, if any difference or dispute shall at any time arise in regard to the interpretation of this Agreement, the respective rights and obligations of the parties or the performance or non performance of any such obligations including payment obligations, then and in such event the matter in dispute shall be resolved through mediation.
18.1 Impediments due to force majeure or any other unforeseeable impediments for which VOUCHER4U is not responsible and/or beyond its reasonable control, including but not limited to such as work stoppage, strike, lockout, governmental prohibitions, war, embargo, epidemics, pandemics, operational disruptions and energy and transportation shortages, extend and postpone the due dates for performance by VOUCHER4U by the time of their continuation plus a reasonable start-up Voucher4Uod. The same applies even if such a condition arises on part of the pre-suppliers or sub-contractors of VOUCHER4U. VOUCHER4U is not responsible for the aforementioned circumstances even if they occur during an already existing delay. VOUCHER4U will inform the Customer of the beginning and the expected end of such circumstances as soon as possible. If the hindrance lasts for six weeks or longer, either party to the Contract may withdraw from the Contract. We are not responsible for delays in delivering orders, and the delivery of vouchers may be delayed for various reasons, including vendor-issued delays, security checks, payment processing delays, or payment clearance delays.
19.1 The provisions in these Terms are severable and if individual provisions of these Terms are or become invalid, this shall not affect the validity of the remaining provisions.
19.2 The Terms supersede any other agreement, contract or policy to the contrary. The Terms record the entire agreement between the Parties. Neither Party will have any right or remedy arising from any undertaking, warranty, or representation not included in this document.
19.3 No relaxation and no indulgence which one party may grant to the other, will in any way operate as an estoppel against the former party or be deemed to be a waiver of such party’s rights, or in any other way limit, alter, or prejudice those rights.
19.4 We reserve the right to amend or update this these Terms and any policy at any time. Any changes will be effective immediately upon posting on our website.