Terms and Conditions
WE RESERVE THE RIGHT TO AMEND THESE TERMS AND CONDITIONS AT ANY TIME.
All amendments to these terms and conditions will be posted on-line. You may terminate this Agreement by written notice to us (by post or by email at email@example.com) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website or a Groupon coupon will be deemed to constitute acceptance of the new terms and conditions.
PLEASE READ THIS AGREEMENT CAREFULLY.
By browsing, accessing or using this Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
YOUR STATUTORY RIGHTS
As a consumer, nothing in this Agreement affects your non-excludable statutory rights.
In this Agreement, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
1.1 "Deal" means the limited promotional offer, which is valid for the Promotional Period only, made by a Merchant and published by Groupon on the Main Website, in terms of which the Merchant offers to supply certain Products at a discounted rate.
1.2 "Deal Value" means the value represented by the Purchase for the duration of the Promotional Period.
1.3 "Groupon coupon" means a coupon which, subject to these terms and conditions, if purchased by you, allows you to redeem it at a particular Merchant in exchange for Products offered by that Merchant during the Promotional Period.
1.4 "Merchant" means a third party seller of goods and services for which a Groupon coupon can be redeemed. The details of each such Merchant will be published in conjunction with any particular Deal or will be made available to you on request.
1.5 "Microsite" means an auxiliary website supplementary to our Website.
1.6 "Purchase" means the purchase of a Groupon coupon.
1.7 "Register" means "create an account on the Website" (and "Registration" means the action of creating an account).
1.8 "Service" means all or any of the services provided by Twangoo South Africa (Pty) Ltd via the Website (or via other electronic or other communication from Twangoo South Africa (Pty) Ltd) including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
1.9 "Products" means goods and/or services offered by a particular Merchant which are described as part of a promotion for which a Groupon coupon can be redeemed.
1.10 "Promotional Period" means the period of time during which a Groupon coupon can be redeemed for the Products with a Merchant.
1.11 "Website" means the www.groupon.co.za website and any Microsite.
2.1 You are reading a legal document which is the agreement between:
2.1.1 you, the Customer (whom we refer to as "you", "your" or the "Customer" in this document) and
2.1.2 us. We are Twangoo South Africa (Proprietary) Limited T/A Groupon South Africa and we are the owner of this Website. We are a company registered in South Africa with our physical office at 3rd Floor, Newspaper House, 122 St. Georges Mall, Cape Town 8000 (and we refer to ourselves as "Groupon South Africa", "we" or "us" or "our" in this document). Our company registration number is 2010/013363/07.
2.2 A Groupon coupon is a coupon for a particular good or service which is sold to members of the public at a reduced rate. We make Groupon coupons available to members of the public on behalf of the Merchants who provide the Products.
3. GENERAL ISSUES ABOUT THIS WEBSITE AND THE SERVICE
3.1 APPLICABILITY OF TERMS AND CONDITIONS: Use of the Service and the Website and any Purchase are each subject to the terms and conditions set out in this Agreement.
3.2 AGE: To use the Website and/or the Service (whether with or without registration) and to make any Purchase, you must be 18 years of age or older and you must have the legal capacity to conclude binding contracts. By using the Website and/or the Service you warrant that you are 18 years of age or older and that you have legal capacity to conclude this Agreement with us.
3.3 PLACE: The Website and the Service and any Purchase are directed solely at those who access the Website from South Africa. We make no representation that the Service (or any goods or services) are available or otherwise suitable for use outside of South Africa. If you choose to access the Website (or use the Service or make a Purchase) from locations outside South Africa, you do so at your own risk and accordingly you are responsible for the consequences and for compliance with all applicable laws. In particular, Products may only be available in certain geographical locations, and it is your responsibility to ensure you are able to access the Products in the specified locations.
3.4 SCOPE: The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
3.5 PREVENTION ON USE: We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase.
3.6 EQUIPMENT: The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
4. REGISTRATION AND ACCOUNTS
4.1 WHY REGISTER: You do not need to Register to use much of the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website. This is so that we can provide you with easy access to records of your Purchases, which will allow you to print your orders, to view your past purchases, to access your Groupon credit and to modify your preferences. We reserve the right to decline a new Registration or to cancel an account at any time.
4.3 PASSWORDS: Once you finish Registration, we will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) the Service and Website. Please note that you are entirely responsible for any loss or damage you may suffer if you do not maintain the confidentiality of your password and an unauthorised person is able to access your account.
4.4 VALID EMAIL ADDRESSES: All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
4.5 CLOSING ACCOUNTS: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-South African user pretends to be a South African user, or disrupts the Website or the Service in any way.
4.6 MULTIPLE LOGONS: If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
5. PURCHASE OF GROUPON COUPONS
5.1 NEED FOR REGISTRATION: We sell Groupon coupons via the Website that can be redeemed for Products from a Merchant. You must Register in order to make a Purchase from the Website.
5.2 EMAILS: By Registering you agree that we may send you administrative and promotional emails. You expressly agree to receive these emails, even if they are sent outside of business hours. We may also send you information regarding your account activity and purchases, as well as updates about the Website and the Service and Groupon coupons as well as other promotional offers. (You can always opt-out of our promotional e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of any of such e-mail correspondence.)
5.3 PURCHASE OF A GROUPON COUPON: A Purchase of a Groupon coupon can be redeemed with the Merchant for a particular specified Deal for the Promotional Period only.
EACH DEAL IS LIMITED AND ACCORDINGLY, WILL BE SOLD ON A “FIRST COME, FIRST SERVED” BASIS.
Each Deal may be subject to additional terms and conditions, which will be published in conjunction with the Deal.
5.4 COMPLETING A GROUPON COUPON PURCHASE : When you go through the procedure for purchasing a Groupon coupon, once you have confirmed your acceptance to these terms and conditions and after we have taken payment (by debit card or credit card or whatever) the transaction will be complete (and a contract for Purchase will be concluded) only when we email you confirming the transaction and attaching your Groupon coupon (which is our acceptance of the transaction). We keep a copy of the contract between us - and you are welcome to print out these terms and conditions from our Website as a record.
5.5 THE TIPPING POINT: Before the Deal is “on”, a certain minimum number of Groupon coupons must be purchased. If the tipping point is not reached, then a Deal will lapse. If you have made a Purchase before the tipping point is reached, then you will be refunded your payment in full.
5.6 PAYMENT: We accept payment via credit card and EFT: i) VISA and MASTERCARD credit cards are accepted by us. We are required to obtain authorisation from the bank and if we do not receive this authorisation, we will cancel your Purchase. If authorisation is granted by the bank, we will collect payment immediately and issue your Groupon coupon; ii) If you pay via EFT, we must receive your payment before the Deal closes. Once we have verified your deposit, we will issue your Groupon coupon.
5.7 RIGHT TO CANCEL: Once we send you the Groupon coupon, you may cancel the transaction at any time within 7 working days from the day after the day that you receive the Groupon coupon (where a working day is any day that is not a Saturday, Sunday or public holiday recognised in South Africa). If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: firstname.lastname@example.org - in each case, always provided of course that you have not yet redeemed the Groupon coupon.
Please note that our 7 day refund promise does not apply for the following:
- Any ticketing event, show or expo (see section 6 in T&C)
- If otherwise stated in the “Fine Print” of a deal
- If a booking is made to redeem your Groupon coupon from the business for which the coupon is valid for during the 7 day window period
5.8 THIS AGREEMENT APPLIES: By making a Purchase, you acknowledge that the Purchase is made subject to this Agreement.
5.9 REDEMPTION: Once you have made a Purchase, the Groupon coupon is redeemable by you from a Merchant for Products provided by that Merchant during the Promotional Period. The particular Merchant and particular goods and services offered by that Merchant for which the Groupon coupon can be redeemed will be stated on the Groupon coupon. You may only redeem your Groupon coupon once. Any attempted redemption of a Groupon coupon not consistent with this Agreement may render a Groupon coupon void at our (or a Merchant’s) discretion.
5.10 RESPONSIBILITY: The Merchant, and not us, is:
5.10.1 the seller of the Products;
5.10.2 solely responsible for providing you with the Products and for the Products themselves; and
5.10.3 solely responsible for redeeming any Groupon coupon you Purchase within the Promotional Period.
5.11 RESTRICTIONS: (i) Reproduction, sale, resale or trade of a Groupon coupon is prohibited. Any attempt to carry out any of these will potentially void the Groupon coupon at our discretion. (ii) If the Groupon coupon is redeemed for less than its face value, there is no entitlement to a credit, cash or new Groupon coupon equal to the difference between the face value and the amount redeemed. Also, Groupon coupons are redeemable in their entirety only and may not be redeemed incrementally.
5.12 COMBINATION: It is at the discretion of the Merchant to determine whether Groupon coupons can be combined with any other Groupon coupon, or other promotions, vouchers, third
party certificates or coupons. Groupon coupons may not be applied to cover shipping or handling charges which may be incurred when the Groupon coupon is redeemed for a Product.
5.13 LOST/STOLEN GROUPON COUPONS: Neither we nor the Merchant are responsible for lost or stolen Groupon coupons or Groupon coupon reference numbers.
6. EXPIRY OF GROUPONS
In respect of traditional Groupon coupons- The Promotional Period (including, but not limited to, any discounts provided by the Groupon coupon) expires on the date specified on the Groupon coupon.
After the expiry date of the Promotional Period, we will credit your Groupon account with the amount paid for the voucher, no cash refund will be rewarded for expired vouchers.
In respect of Groupon coupons which are redeemable for a ticket or admission toa specific ticketed event (“Event Coupons”) – Event Coupons shall have no value once the specific event date and time has passed. Event Coupons are only refundable ONLY (i) by request until midnight on the day of purchase; (ii) automatically if the event is cancelled and not rescheduled, and (iii) upon request if event is rescheduled.
We have instituted this application procedure to minimise events of fraud. Any credit granted to you in terms of this clause will be valid for three years calculated from the date of the Purchase of the relevant Groupon coupon.
7. STATUS OF GROUPON COUPONS
All Groupon coupons are promotional coupons that are offered for Purchase below Deal Value and are subject to this Agreement and to any terms and conditions of the relevant Merchant.
8. REWARD CREDITS
8.1 In order to qualify for a R25 reward credit via our friend-referral offer, the following conditions must be met:
8.1.1 You must have a registered account with us;
8.1.2 You must send a friend an online referral request via one of our provided platforms (your personal Recommendation Page, Twitter, Facebook or email);
8.1.3 Your friend must create an account and successfully buy their first deal within 72 hours of the referral, via the referral link; and
8.1.4 If, after seven days, the deal your friend bought has not been cancelled or withdrawn, and your friend’s payment went through successfully, we will credit your account with R25, and your next deal will accordingly be discounted with R25.
8.2 GENERAL CONDITIONS:
8.2.1 We reserve the right to refuse or withdraw credit when, in our opinion, the recommendation function is being abused and/or fraudulently manipulated by you;
8.2.2 Reward credits must be redeemed within 6 months from date of accrual, and will be forfeited thereafter;
8.2.3 Reward credits can only be used to purchase deals on this Website and are not redeemable for any monetary amount or other consideration;
8.2.4 Reward credits are not transferable to any other users or friends;
8.2.5 Reward credits can only be used in buying deals from this Website in South Africa and may not be used on websites in other countries;
8.2.6 Only one reward credit of R25 can be redeemed for each new friend who buys their first deal.
8.3 You can use your reward credit on any deal with us, to be redeemed on the payment page.
8.4 If your reward credit amount exceeds the amount of any particular deal, your remaining reward credit will be carried over to the purchase of your next deal, unless such credit has expired as indicated above.
9. YOUR OBLIGATIONS
9.1 MERCHANT TERMS: Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
9.2 ACCURATE INFORMATION: You warrant that all information provided on Registration and contained as part of your account during the course of this Agreement is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
9.3 CONTENT ON THE WEBSITE AND SERVICE AND GROUPON COUPONS: It is your responsibility to ensure that any products, services or information available through the Website or the Service meet your specific requirements.
9.4 THINGS YOU CANNOT DO: Without limitation, you undertake not to use or permit anyone else to use the Service or Website:
9.4.1 to send or receive any material which is not civil or tasteful;
9.4.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
9.4.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
9.4.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
9.4.5 to cause annoyance, inconvenience or needless anxiety;
9.4.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
9.4.7 for a purpose other than which we have designed them or intended them to be used;
9.4.8 for any fraudulent purpose;
9.4.9 other than in conformance with accepted Internet practices and practices of any connected networks; or
9.4.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
9.5 FORBIDDEN USES: The following uses of the Service (and Website) and Groupon coupons are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
9.5.1 resale of the Service (or Website) or any Groupon coupon;
9.5.2 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
9.5.3 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
9.5.4 accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
9.5.5 executing any form of network monitoring which will intercept data not intended for you;
9.5.6 sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
9.5.7 creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
9.5.8 sending malicious email, including flooding a user or site with very large or numerous emails;
9.5.9 entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
.5.10 using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;
9.5.11 unauthorised use, or forging, of mail header information;
9.5.12 engage in any unlawful activity in connection with the use of the Website and/or the Service or any Groupon coupon, including copying the Groupon coupon and attempting to redeem it more than once; or
9.5.13 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
10. RULES ABOUT USE OF THE SERVICE AND THE WEBSITE
10.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Service or the Website will be free of faults (or Groupon coupons will be free of error) and we do not accept liability for any errors or omissions. In the event of an error or fault, you should report it by email to: email@example.com.
10.2 We do not warrant that your use of the Service or the Website will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Service or the Website will be transmitted accurately, reliably, in a timely manner or at all.
10.3 We do not give any warranty that the Service or the Website is free from viruses or anything else which may have a harmful effect on any technology.
10.4 Also, although we will try to allow uninterrupted access to the Service and the Website, access to the Service and the Website may be suspended, restricted or terminated at any time.
10.5 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Groupon coupon or service on the Website or forming part of the Service from time to time. Your access to the Website and/or the Service may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate (including, without limitation, RSS feeds). For the avoidance of doubt, we may also withdraw any information or Groupon coupon from the Website or Service at any time.
10.6 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Agreement.
11. SUSPENSION AND TERMINATION OF YOUR ACCOUNT
11.1 If you use (or anyone other than you, with your permission uses) the Website or Service or a Groupon coupon in contravention of this Agreement, we may suspend your use of the Service and/or Website (in whole or in part) and/or a Groupon coupon.
11.2 If we suspend the Service or Website or a Groupon coupon, we may refuse to restore the Service or Website or Groupon coupon until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this Agreement.
11.3 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
11.4 Without limitation to anything else in this Clause 11, we shall be entitled immediately or at any time (in whole or in part) to: i) suspend the Service and/or Website; ii) suspend your use of the Service and/or Website; iii) suspend the use of the Service and/or Website for persons we believe to be connected (in whatever manner) to you; and/or iv) terminate this Agreement immediately if:
11.4.1 you commit any breach of this Agreement;
11.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
11.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
11.5 Notwithstanding anything else in this Clause 11, we may terminate this Agreement at any time.
11.6 Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
You shall indemnify us against each loss, liability or cost incurred by us arising out of:
12.1 any claims or legal proceedings which are brought or threatened against us by any person arising from: a) your use of the Service or Website; b) the use of a Groupon coupon; c) the use of the Service or Website through your password; or
12.2 any breach of this Agreement by you.
13. STANDARDS AND LIMITATION OF LIABILITY
In this Clause 13:
"Liability" means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with this Agreement, including, without limitation, liability expressly provided for under this Agreement or arising by reason of the invalidity or unenforceability of any term of this Agreement (and for the purposes of this definition, all references to "this Agreement" shall be deemed to include any collateral contract); and
"Breach of Duty" means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty).
13.1 We warrant that we will exercise reasonable care and skill in performing any obligation under this Agreement.
13.2 This Clause 13 (and Clause 2.5) prevails over all other Clauses and sets forth our entire Liability, and your sole and exclusive remedies in respect of:
13.2.1 the performance, non-performance, purported performance or delay in performance of this Agreement or the Service or Website (or any part of it or them); or
13.2.2 otherwise in relation to this Agreement or the entering into or performance of this Agreement.
13.3 Nothing in this Agreement shall exclude or limit our Liability for (i) fraud; (ii) death or personal injury caused by any Breach of Duty by us; (iii) any breach of the obligations implied by the provisions of the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002; or (iv) any other Liability which cannot be excluded or limited by applicable law (including, without limitation liability pursuant to Clause 2.5).
13.4 LIMITATION OF GROUPON’S LIABILITY: Save as provided in clause 13.3, neither Groupon nor any of its directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature and howsoever arising from your use of the Website or the Services provided from and through this Website.
13.5 In particular, we do not warrant and we exclude all Liability in respect of:
13.5.1 the accuracy, completeness, fitness for purpose or legality of any information accessed using the Service or Website or otherwise; and
13.5.2 the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
13.5.3 your use of any information or materials on the Website (which is entirely at your own risk and it is your responsibility);
13.5.4 Products for which Groupon coupons may be redeemed and in respect of the quality, safety, usability or any other aspect of the products or services in respect of which Groupon coupons may be redeemed;
regardless of whether any loss suffered by you comprises:
13.5.5 loss of revenue;
13.5.6 loss of actual or anticipated profits;
13.5.7 loss of contracts;
13.5.8 loss of the use of money;
13.5.9 loss of anticipated savings;
13.5.10 loss of business;
13.5.11 loss of opportunity;
13.5.12 loss of goodwill;
13.5.13 loss of reputation;
13.5.14 loss of, damage to or corruption of data; or
13.5.15 any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise.
For the avoidance of doubt, Clauses 13.5.5 to 13.5.14 apply whether such losses are direct, indirect, consequential or otherwise.
13.6 The limitation of Liability under Clause 13.5 has effect in relation both to any Liability expressly provided for under this Agreement and to any Liability arising by reason of the invalidity or unenforceability of any term of this Agreement.
14. DATA PROTECTION
15.1 We may place advertisements in different locations on the Website and at different points during use of the Service. These locations and points may change from time to time - but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
15.2 You are free to select or click on advertised goods and services or not as you see fit.
15.3 Any advertisements may be delivered on our behalf by a third party advertising company.
16. LINKS TO AND FROM OTHER WEBSITES
16.1 Where the Website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over these Other Sites and we do not accept and we do not assume responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please be aware that these Other Sites may have different security & privacy policies and we have no control over and take no responsibility for any information submitted to these Other Sites.
16.2 The Website may make available access to Microsites and if it does, it may do so within or otherwise through external hyperlinks.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements)) whether registered or unregistered) in the Website and Service, (subject to Clause 17.4)
information content on the Website or accessed as part of the Service, any database operated by us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
17.2 None of the material listed in Clause 17.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
17.3 All rights (including goodwill and, where relevant, trade marks) in the Twangoo South Africa (Proprietary) Limited name and/or “Groupon South Africa” and/or “mycitydeal” or “groupon” are owned by us (or our licensors). Other product and company names mentioned on the Website are the trade marks or registered trade marks of their respective owners.
17.4 Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
17.5 The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
17.6 Subject to Clause 17.7, any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
17.7 All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
18.1 INTERPRETATION: In this Agreement:
18.1.1 words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
18.1.2 clause headings such as ("18. GENERAL" at the start of this Clause) and clause titles (such as "Interpretation:" at the start of this Clause 18.1) are purely for ease of reference and do not form part of or affect the interpretation of this Agreement; and
18.1.3 references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
18.2 NO PARTNERSHIP/AGENCY: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
18.3 NO OTHER TERMS: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
18.4 ASSIGNMENT: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this Agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this Agreement to any person.
18.5 FORCE MAJEURE: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
18.7 NO WAIVER: No waiver by us of any default of yours under this Agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this Agreement.
18.8 NOTICES: Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing. Any notices to be given to you shall be delivered by hand, electronic mail or by pre-paid registered post, to you at the address you supplied to us. Any notices to be given to us shall be delivered by hand or sent by pre-paid registered post to us at our physical office which is 3rd Floor, Newspaper House, 122 St. Georges Mall, Cape Town 8000.
18.9 THIRD PARTY RIGHTS: All provisions of this Agreement apply equally to and are for the benefit of Twangoo South Africa (Proprietary) Limited, its subsidiaries, any holding companies of Twangoo South Africa (Proprietary) Limited, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this Agreement is otherwise enforceable by any person who is not a party to it.
18.10 SURVIVAL: In any event, the provisions of Clauses 1, 2, 5, 8.1, 9.1, 11, 12, 13, 16 and 17 of this Agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement. In the event you use the Website or Service again, then the provisions of the terms and conditions that then apply will govern your re-use of the Website or Service. In the event you use Groupon coupons bought under this Agreement, then those provisions applicable to Groupon coupons will survive termination of this Agreement.
18.11 SEVERABILITY: If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
18.12 GOVERNING LAW: This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.
19.1 The Website and the Service is owned and operated by Twangoo South Africa (Proprietary) Limited T/A Groupon South Africa, a company registered in South Africa whose physical office and postal address is at 1st floor,3rd Floor, Newspaper House, 122 St. Georges Mall, Cape Town 8000. If you have any queries please contact Customer Services at firstname.lastname@example.org.
19.2 The directors of Twangoo South Africa (Proprietary) Limited T/A Groupon South Africa are: D Guasco (South Africa), WB Gosling (South Africa), T van der Perre (United States), BM Downes (United States), and MS Hoyt (United States).
Groupon Goods Global GmbH
Terms of Sale
This page sets out the terms for the sale of Goods by Groupon Goods to you.
- CONTRACT AND INFORMATION ON THE ORDERING PROCESS
1.1. The parties to this contract: These Terms of Sale ("Terms of Sale") are an agreement between you, the customer (referred to herein as "you" or "your") and Etrocode (PTY) Ltd. (referred to herein as "Groupon Goods", "we", "us" or "our"). We are a company registered in South Africa (company registration number 2010/013363/07) with our registered office at 122 St Georges Mall, Cape Town, 8000.
1.3. These Terms of Sale apply: By placing an order with Groupon Goods you agree to be bound by these Terms of Sale and the Groupon Goods Return Policy,
1.4. Your offer: Your click of the “Buy Now” button is an offer to buy the products sold by Groupon Goods (the “Goods”). Your offer is not accepted, and our contract with you is not complete, until we email you confirming your order. Please note that we reserve the right to reject your offer and not conclude a contract with you, in particular, in case of limited availability of the Goods.
1.5. A copy of these Terms of Sale: We keep a copy of the contract between us (these Terms of Sale) – and we advise you to print out these Terms of Sale as a record.
1.6. Your legal rights: As a consumer, nothing in these Terms of Sale affects your legal rights related to faulty or mis-described goods or your ability to cancel the contract.
1.7. Updates to these Terms of Sale: These Terms of Sale were most recently updated on 13 August 2013 (version 1). We reserve the right to amend these Terms of Sale at any time (which we will post online). Any amendments to these Terms of Sale made after you have submitted your order will not apply to you in respect of that order.
- PRICING AND PURCHASE
2.1. Pricing and whom you pay: The Goods are sold by Groupon Goods. Groupon Goods will take and process your payment for your order. All prices on the website for Goods are inclusive of legally applicable VAT. Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 2.4 and 2.5 below.
2.2. Delivery charges: The prices for the Goods may or may not include delivery charges. Any such charges will be stated in the “Fine Print” section of the deal. If delivery charges are not included, such costs will be displayed separately and added to the total amount due before you complete your order.
2.3. Placing your order: After you place an order by clicking the “Buy Now” button and agreeing to these Terms of Sale, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Goods.
2.4. Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).
2.5. Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:
2.5.1. If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or
2.5.2. If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.
- CHANGES TO ORDER
3.1. Changing your order: Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel or any rights to return you may have for the particular purchase.
- DELIVERY OF GOODS
4.1. Shipping: Groupon Goods shipping options and fees will be set forth in the Fine Print and will vary by offer. Your purchase is not eligible for shipment outside South Africa.
4.2. Delivery estimates: Delivery estimates are provided in the Fine Print of the offer. We will do all that we can to meet the date given for delivery. Please note that unless otherwise stated, delivery estimates are only estimates; they are not guaranteed delivery times and should not be relied upon as such.
4.3. All risk in the Goods shall pass to you on delivery.
4.4. If delivery is delayed because you unreasonably refuse to accept delivery, then we shall be entitled to:
4.4.1. Charge you a reasonable storage fee together with any other costs we may have reasonably incurred as a result of the delay; or
4.4.2. Cancel your order, in which case we shall refund you the monies paid, less our reasonable administration charges (including the costs of any attempted deliveries and the storage fees incurred).
- OUR CANCELLATION RIGHTS
5.1. We may cancel: We may have to cancel an order before the Goods are delivered due to an event outside our reasonable control, including due to equipment breakdown or transportation difficulties. We will promptly contact you if this happens.
- YOUR RIGHT OF CANCELLATION
6.1. Your cancellation rights: Nothing in these Terms of Sale affects your legal rights to cancel orders within 7 days after you receive the Goods. To cancel, you must contact us via email@example.com, by post at the address in Clause 11 or through hand-delivered notice within 7 working days from the day after the day you receive the Goods notifying us of your cancellation. You must take reasonable care to ensure that the Goods are properly packaged so that they will not be damaged in transit. You will be responsible for the cost of returning the Goods to us.
6.2. The following Goods are excluded from this legal right to cancel:
(a) perishable Goods such as food or flowers;
(b) audio/video recordings, DVDs or computer software that you have taken out of the sealed packaging in which they were delivered to you;
(c) Goods made to your own specifications;
(d) periodicals or magazines;
(e) lotteries or gambling games; and
(f) any other Goods that by reason of their nature cannot be returned, including those that would be damaged by transit.
- RETURNS AND REFUNDS
7.1. Our Return Policy: Every item Groupon Goods sells is backed by our Return Policy, which describes our returns processes and policies. In addition to your right to return Goods within 7 days, as described in the Return Policy, you also retain all applicable legal rights to return new or refurbished Goods, including where goods supplied to you are incorrect or faulty.
7.2. Title to returned Goods: Groupon Goods takes legal title to the returned Goods only after the Goods arrive at our returns destination. Groupon Goods reserves the right to issue a refund without requiring a return. In this situation, Groupon Goods does not take title to the returned Goods.
7.3. Problems with your returned Goods: We reserve the right to refuse to issue a refund and to recover the cost of the delivery of your return from you in the event that the Goods are found to have suffered damage after delivery to you; the Goods have been misused or used other than in accordance with the instructions or for inspection purposes; or if the problem with the Goods is due to normal wear and tear. This Clause 7.3 does not limit or affect your right to cancel your contract and return goods under Clause 6, or your rights where goods supplied to you are incorrect or faulty.
- GOODS INFORMATION
8.1. We aren’t the manufacturer: We are not the manufacturer of the Goods sold on the website. We work to ensure that the Goods match the description on the website, are of satisfactory quality and are fit for use, but encourage you to read all information presented on labels, warnings and directions which accompany the Goods before use.
8.2. Accuracy of descriptions: We have taken reasonable steps to display as accurately as possible the colours and other detailing of the Goods. However, the actual colours and detailing you see on the website will depend on the equipment you use to view the Goods. We cannot guarantee that the display of any colour or other detailing on your television, mobile device, computer monitor or other device will exactly reflect the colour or detailing of the Goods upon delivery.
8.3. Healthcare Goods and safety: For healthcare Goods, in the event of any safety concerns or for any other information about a product, we recommend you carefully read the information provided with the product or contact the manufacturer. Content on the website is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Customers should contact their healthcare provider immediately if they suspect that they have a medical problem. Information and statements about Goods are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. We accept no liability for inaccuracies or misstatements about Goods by manufacturers or other third parties.
9.1. The standards we operate under: Groupon Goods always tries its best at what it does and promises that:
9.1.1. we will exercise reasonable care and skill in performing any obligation under these Terms of Sale;
9.1.2. we have the right to sell Goods;
9.1.3. we only sell the Goods for domestic and private use;
9.1.4. Goods are of satisfactory quality and fit for their purpose, and
9.1.5. we will not contravene the requirements of professional diligence in what we do.
9.2. This Clause 9 takes precedence over all other Clauses (except for Clause 1.6) and sets forth our entire Liability.
9.3. What we are responsible for: Nothing in these Terms of Sale shall exclude or limit our Liability for any Liability for (i) fraud; (ii) serious misconduct by Groupon Goods, excluding serious misconduct not conducted by Groupon Goods itself; or (v) any Liability which cannot be excluded or limited by applicable law. You are obliged to take adequate measures to avert and reduce damages.
9.4. Categories of loss that we are not responsible for: Notwithstanding Clause 9.3, since we only sell Goods for domestic and private use, we are in principle not liable for:
9.4.1. loss of revenue;
9.4.2. loss of actual or anticipated profits;
9.4.3. loss of business; and
9.4.4. indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
9.5. “Liability” means liability in or for any cause of action whatsoever (including breach of contract, delict, misrepresentation, restitution or any other cause of action whatsoever) relating to or arising under or in connection with these Terms of Sale (including liability expressly provided for under these Terms of Sale or arising by reason of the invalidity or unenforceability of any term of these Terms of Sale).
10.1. Interpretation: In these Terms of Sale:
10.1.1. words denoting persons include natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons;
10.1.2. Clause headings such as ("10. GENERAL" at the start of this Clause) and Clause titles (such as "Interpretation:" at the start of this Clause 10.1.2) are purely for ease of reference and do not form part of or affect the interpretation of these Terms of Sale; and
10.1.3. references to "include" and "including" shall be deemed to mean respectively "include(s) without limitation" and "including without limitation".
10.2. No partnership/agency: Nothing in these Terms of Sale shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
10.3. Assignment: You may not assign or delegate or otherwise transfer all or any of your rights or obligations under these Terms of Sale without our prior written approval. We will not refuse this approval without good reason. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Sale to any person.
10.4. Events beyond our reasonable control: We shall not be liable for any breach of our obligations under this Agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control Where there has been an event outside our reasonable control which has affected our ability to perform our obligations under these Terms of Sale, our obligations will be extended for the duration of the event and we will notify you of this as soon as reasonably possible. Once the event is completed we will arrange with you a new delivery date for your Goods, if possible.
10.5. Our reliance: We intend to rely upon only the written terms set out in these Terms of Sale in respect of the Sale of Goods to you and not any representations made elsewhere.
10.6. No waiver: No waiver by us of any breach of yours under these Terms of Sale shall operate or be construed as a waiver by us of any future breaches, whether of a like or different character. No delay by us in taking action in the event of your breach shall in any way release, discharge or otherwise affect your liability under these Terms of Sale.
10.7. Notices: Unless otherwise stated within these Terms of Sale, notices to be given shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) or by pre-paid post at our registered office.
10.8. No Third party rights: All provisions of these Terms of Sale apply equally to and are for the benefit of Groupon Goods, its subsidiaries, any holding companies of Groupon Goods, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these Terms of Sale may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of these Terms of Sale is otherwise enforceable by any person who is not a party to it.
10.9. Survival: In any event, the provisions of Clauses 1, 2, 6, 7, 8, 9, 10 and 11 of these Terms of Sale, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the Agreement.
10.10. Severability: If any provision of these Terms of Sale is held to be unlawful, invalid or unenforceable, that provision shall be removed from the Terms of Sale without affecting the rest of the Terms of Sale. Where capable, the validity and enforceability of the remaining provisions of these Terms of Sale shall not be affected.
10.11. Governing law and dispute resolution: We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, these Terms of Sale (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the competent courts of the Republic of South Africa. The parties also agree that the United Nations Convention for the International Sale of Goods does not apply to this transaction.
- CONTACT DETAILS/CUSTOMER SUPPORT
122 St Georges Mall, Cape Town, 8000
If you have any questions, comments or complaints please contact our customer support using the contact details specified above.