ELECTRONIC VOUCHER SERVICES TERMS
(Version effective as of 1 June 2012)
(1) Please read these terms carefully. Your use of our electronic voucher services (including via any of our web sites or via our iPhone or Smartphone applications) will be subject to the current version of these terms published on our web site at www.shoprite.co.za and www.checkers.co.za at the time of your use. If you do not accept these terms, you may not use our electronic voucher services and we may refuse to redeem electronic vouchers issued to you.
(2) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or actas an acknowledgement of certain facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
(3) If you are not yet 18, you may not use our electronic voucher services and we will refuse to redeem electronic vouchers issued to you.
PART A: COMPANY INFORMATION
For your convenience, we have listed below some details about ourselves:
We are Shoprite Checkers (Pty) Ltd (registration number: 1929/001817/07), a private company incorporated according to the laws of the Republic of South Africa.
Our chief executive officer is Mr JW Basson.
Our Board of Directors is available at: http://www.shopriteholdings.co.za/OurGroup/Pages/Directors.aspx
Our postal address is PO Box 215, Brackenfell, 7561.
Our registered address is the corner of William Dabs and Old Paarl Roads, Brackenfell, South Africa. All legal documents must be served at this address.
Our telephone number is +27 (0)21 980 4000.
Our facsimile number is +27 (0)21 980 4150.
Our web site is located at www.shoprite.co.za or www.checkers.co.za.
a) "We", "us" and "our" means Shoprite Checkers (Pty) Ltd and, unless the context indicates otherwise, includes our affiliates and franchisees, and
b) "You" means the user of our services.
PART B: CONDITIONS OF USE OF OUR SYSTEMS
1) You are solely responsible for any and all fees and charges that may apply to your communications with our computer systems. Your standard service provider rates will apply unless the contrary is expressly stated.
2) We do not endorse any of the products, services or events promoted and/or listed on our computer systems or in respect of which vouchers may be issued via our services, other than the products and services we supply ourselves. Our issue of such vouchers or display of such products, services or events should therefore not be interpreted as any form of endorsement. All complaints concerning such products, services and/or events must be submitted directly to the relevant supplier.
3) We do not control or endorse any third party systems which enable or are related to our computer systems or which our systems enable in turn. Please submit any complaints concerning such third party systems directly to the owner of such third party system(s).
4) When using our computer systems, you will at all times comply with the applicable laws, regulations and codes of conduct and for the purpose for which the systems offered via our systems are intended.
a) You may therefore not access and/or use our computer systems -
i) To redistribute or otherwise use any of our content for your own business purposes unless we have given you a written license to do so;
ii) In a manner that would bring us, our business and/or any of our affiliates into disrepute;
iii) For unlawful purposes;
iv) To in any manner infringe our rights or the rights of any other person or restrict or inhibit the use of or enjoyment of our computer systems by any other person;
v) To transfer any material to our computer systems that is illegal or which violates any third party's rights or which is fraudulent, misleading, inaccurate, illegal, or damaging to data, software or the performance of our or any other parties' computer system.
5) All rights in our computer systems (including without limitation, any related trademarks, copyright and patents) and the content thereof, belong to us and our licensors. Such rights further extend to any compilations, collective works and derivative works created from any content which may be submitted to us. We reserve the right, without notice and at our sole and absolute discretion, to make changes to or discontinue any aspects, features and/or parts of our computer systems and/or the related services.
6) Where you submit individual content to our computer systems, you will remain the owner of such information. You will, however grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content without restriction, as if we were the owners thereof. Accordingly, we will have the right to modify, reproduce, compile, publish, publicly perform, distribute, broadcast and/or promote such content.
7) We are committed to protecting the confidentiality of any information you may disclose to us when using our computer systems and related services. You agree that such information may be used to -
a) Make the computer systems and related services available to you;
b) Personalize the services provided to you;
c) Inform you about changes in the services we offer and/or about features we think you would find interesting;
d) Make such information available to the affiliated entities in our company group to inform you about products or services they offer which may be of interest to you;
e) Use, publish and/or disclose such information for any lawful purpose;
f) Perform any other function permitted by our Client Information Processing Policy which is available at http://www.shopriteholdings.co.za/pages/1019812640/access-to-information/access-to-information.asp.
8) THE DOWNLOADING AND USE OF AND/OR RELIANCE ON DATA FROM OUR COMPUTER SYSTEMS IS ENTIRELY YOUR CHOICE AND IS DONE AT YOUR OWN RISK. YOU SHOULD THEREFORE -
a) INDEPENDENTLY CONFIRM THE COMPLETENESS AND RELIABILITY OF ANY INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS;
b) IMPLEMENT SUITABLE PROTECTION MECHANISMS TO PREVENT VIRUSES AND/OR CODE WHICH MAY BE HARMFUL TO YOUR COMPUTER SYSTEM, BEING TRANSMITTED TO YOU FROM OUR COMPUTER SYSTEMS.
SAVE TO THE EXTENT TO WHICH WE ARE UNABLE TO EXCLUDE OUR LIABILITY BY OPERATION OF LAW OR WHERE WE EXPRESSLY ACCEPT LIABILITY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER BECAUSE YOU HAVE USED OUR COMPUTER SYSTEMS (OR RELATED SERVICES) AND/OR RELIED ON ANY DATA FROM SUCH SYSTEMS. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER YOUR LOSS ARISES FROM ANY CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR FROM ANY OTHER CAUSE.