PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
Welcome to vouchercloud. We are glad you have chosen to use our application which allows you to gain access to vouchers and coupons for goods and services available at retailers or merchants ("services"). We are committed to providing the best possible value and convenience for you.
These Terms of Service contain the terms and conditions on which Invitation Digital Limited t/a Vouchercloud ("vouchercloud," "we" or "us") and/or vouchercloud affiliated companies (collectively referred to as "vouchercloud Group") provides services to you, our customer ("customer" "you" or "your").
These Terms of Service contain terms and conditions which appear in a similar text style to this clause in order to draw your attention to such clauses because they:
1.1.1 may limit the risk or liability of vouchercloud Group or a third party; and/or
1.1.2. may create risk or liability for you; and/or
1.1.3. may compel you to indemnify vouchercloud Group or a third party; and/or
1.1.4. serves as an acknowledgement, by you, of a fact.
Before you get started, you must read and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By using the mobile menu or by downloading the application made available by vouchercloud , you accept and agree to be bound by these Terms of Service. vouchercloud may at any time modify these Terms of Service where reasonably required and may from time to time expand on these Terms of Service. You will be bound by all current Terms of Service, so please update yourself with them on a regular basis. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the vouchercloud website, accessible at vouchercloud.co.za(By continuing to use the vouchercloud application after changes are made and notified to you (on the mobile number you have registered with us), you agree to be bound by such changes.
There are various platforms which we may make available to you in order to access the services, including a mobile menu on your phone, a mobile application available in an app store on your mobile phone or via the Internet. vouchercloud makes no warranty or condition that it will make the services available via any specific platform at any time.
We may also request that you register to use the services. You agree to keep PIN and/or password which you may use to access the services secret and not disclose the PIN and/or password to any third party.
You consent to the collection, processing and disclosure of your personal information (including your name, email address, date of birth, mobile number, postcode and gender), communications and/or documents about you for the purpose of providing the services to you. We undertake to process such information in accordance with the applicable laws.
You specifically consent to the disclosure of your personal information communications or documents about you to:
and/from local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection or prosecution of criminal activities or fraud; and
our legal advisors, financial advisors or auditors, or to the applicable court in connection with any legal or other proceedings.
You hereby consent to us making worldwide transfers of your personal information on our corporate systems, to other entities, agents or subcontractors in the vouchercloud Group, or to other relevant business partners including without limitation mobile network operators and third parties who may have incidental access to personal information. When making such transfers, we will ensure that the necessary protections are in place to safeguard your personal information transferred under or in connection with these Terms of Service.
You agree that all of your information, including personal information, your telephone conversations with our Customer Call Centre and your use of the services will be recorded and stored for record keeping purposes for as long as you continue to use the services and if you terminate use of the service, for the time periods required by the applicable laws.
You consent that all communication may be monitored or recorded by us in accordance with the applicable laws, for use in business practices, prevention of unauthorised use of our systems and in respect of the detection and prevention of crime.
When you use the services, we may receive your location automatically and will use this to give you offers which are near you. You hereby consent to the use of this location-based information and/or the transfer of this information to any third party for the purpose of providing the services to you.
vouchercloud and/or its third party licensors are the sole owners of the vouchercloud application and/or intellectual property rights which may be incorporated or displayed in the vouchercloud application, which includes any software, domains, and content made available through it. The vouchercloud application is protected by United Kingdom and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and vouchercloud grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the vouchercloud application and/or any other third party intellectual property without vouchercloud's and the relevant owner of the intellectual property's prior express written permission. Any unauthorized use of the vouchercloud application or any third party intellectual property will terminate the limited license granted by us. vouchercloud and and/or any third party graphics, logos, icons and service names related to or included in the vouchercloud application are registered and unregistered trademarks or trade dress of Invitation Digital Ltd and/or the applicable third parties. They may not be used without vouchercloud's and the relevant owner of the intellectual property's prior express written permission. All other trademarks not owned by vouchercloud that appear in connection with the vouchercloud application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by vouchercloud.
By downloading and/or using the vouchercloud application, you consent to receiving electronic communications and notices from vouchercloud. Invitation Digital (the publisher of vouchercloud) may also send you electronic communications and notices promoting their own similar services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements and/or consumer protection laws, including that such communications be in writing.
By downloading and using the vouchercloud application, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the vouchercloud application. You also agree not to interfere, abuse and/or cause damage to the servers or networks, including third party networks, connected to the vouchercloud application or to violate any of the procedures, policies or regulations of networks connected to the vouchercloud application, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the vouchercloud application; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the vouchercloud application; (3) use the vouchercloud application for any unlawful purpose; or (4) resell or export the software associated with the vouchercloud application.
vouchercloud does not promote, recommend or condone use of the vouchercloud application during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the vouchercloud application during such activities.
Third Party Offers
The vouchercloud application may contain links to third party web sites or programs that are not controlled by or affiliated with vouchercloud. vouchercloud is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honour any offer. Your dealings with third party sites are solely between you and the applicable third party.
Charges for Using the vouchercloud application
vouchercloud currently provides the vouchercloud application to you free of charge. However, when you use the vouchercloud application, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility. The vouchercloud application may not be accessible in some foreign countries, this will depend on the vouchercloud application being support ed by the foreign network. You should check with the local carrier whether you will be required to pay additional charges for such access. The ability to download or access the vouchercloud application may be restricted or impaired when on a roaming network abroad.
Use of Information Submitted
You agree that vouchercloud is free to use any comments, information or ideas contained in any communication you may send to vouchercloud without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the vouchercloud application or other products or services.
No Warranty & Liability Limit
vouchercloud provides the vouchercloud application "as is" and without any warranty or condition, whether express, implied or statutory. vouchercloud specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. vouchercloud assumes no liability or responsibility for any errors or omissions in the vouchercloud application; any failures, delays or interruptions in the vouchercloud application; any losses or damages arising from the use of the vouchercloud application, including, without limitation, any damage to your mobile device; or any conduct by users of the vouchercloud application. We reserve the right to deliver the vouchercloud application in our sole and absolute discretion.
In no event shall vouchercloud, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the vouchercloud application or these terms of service, on any theory of liability, and whether or not advised of the possibility of damage. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold vouchercloud and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the vouchercloud application or your violation of any law or the rights of any third party.
You agree that these terms of service or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and vouchercloud arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the vouchercloud application, vouchercloud's advertising or any related transaction shall be governed by and construed in accordance with the laws of the Republic of South Africa.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and vouchercloud with respect to the subject matter hereof.
If you have any questions about these Terms of Service or the download and/or use of the vouchercloud application, please contact us via the Customer Care Call Centre at 082135.
For information purposes in compliance, please note the information contact details for vouchercloud below:
Invitation Digital Limited
Co No 06570126
1st Floor, Merchants House