TERMS AND CONDITIONS OF CUSTOMER USE OF THIS SITE
Toget.me and Electronicline® Loyalty Solutions
of
10 Bushill Street
Bryanston
South Africa
(1) Please read our terms of use carefully. Your use of our computerised services (including via https//:toget.me, www.toget.me.mobi or via the Toget.me iPhone or Smartphone Applications) will be subject to the then current version of these terms published on our web site at https://toget.me at the time of your use. If you do not accept our terms of use, you may not use our services.
(2) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of 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 must obtain your parents' or legal guardians' advance authorisation, permission and consent to be bound by our terms of use prior to you using any of our services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.
(4) We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.
Should you have any questions regarding these terms of use, please send an e-mail to us at no-reply@electronicline.com
General Information and Terms
General Information
For your convenience, we have listed below some general information about ourselves:
- “We” are Toget.me and Electronicline® Loyalty Solutions and “us” and “our” have a corresponding meaning herein.
- Computer systems means “code” and “servers”
- Sponsor is the party enabling the computer system to perform services
- Our postal address is 10 Bushill Street, Bryanston, South Africa
- Our chosen domicilia is 10 Bushill Street, Bryanston, South Africa and we will accept service of all legal documents there.
- Our telephone and facsimile numbers are +27 10 600 1083 and +27 86 696 4407
- Our e-mail address is no-reply@electronicline.com
I. Definitions
In these terms of use:
- We, us and our means Toget.me and Electronicline® Loyalty Solutions(and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates);
- You mean the user of our services;
- Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms.
II. General Conditions of Use
- You are solely responsible for any and all fees that may apply to your communications with our computer systems.
- You may not access or use our computer systems for any purpose other than for utilizing the services offered via such systems in the normal manner.
- You may not access our computer systems for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing.
- You may not use your access to our computer systems in a manner that would bring us, our business and/or any of our affiliates into disrepute.
- Furthermore, you may not access our computer systems for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of our computer systems by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of our computer systems.
- You may not to post or transfer any material to our computer systems that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system.
- We may delete any material you have submitted to our computer systems and/or suspend your access to any part of our computer systems at any time without notice.
- We do not usually monitor, edit, control or filter the content submitted to our computer systems by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorised or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify by e-mail our Customer Care Centre if you have a complaint about the activities of or content submitted by a user of our computerised services.
- We do not distribute or endorse any products, services or events posted, promoted and/or listed on our computer systems or made available via our services and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
- Notwithstanding that our computer systems may enable access to third party systems and that some third party systems may contain enable access to our computer systems we do not control, endorse or approve the activities or content made available via any such third party systems. Please contact the relevant system proprietor if you have a complaint about the activities or content made available via a third party system.
- Proprietary rights (including without limitation, the trade marks, copyright and patent rights) ; code authoring in our computer systems and the content thereof belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit to our computer systems will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to manage such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it on your behalf to perform the services of the computer system within the confidentialities agreed on acceptance of use.
- Whilst toget.me has endeavoured to ensure an HTTPS and secure Certificate that are accepted as above reasonable measures and security, the downloading and use of data from our computer systems is done at your sole discretion. You should independently verify the completeness and reliability of information obtained from our computer systems. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
- Public access to our computer systems and services is provided at discretion of the sponsor free of charge. Reliance on and use of our computer systems, content and services are therefore at your own risk. In no event will we be liable to you for any loss or damage of any kind in contract, delict (including negligence), statute or otherwise arising in connection with your reliance on or use of our computer systems or the content or services provided, save to the extent that such liability cannot be excluded by applicable law or the contrary is expressly stated.
- We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our computer systems. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of our services that will not effect the computer service rendered to the sponsor.
- We also reserve the right, without notice and in our sole and absolute discretion, to make changes to these terms of use to comply with local law. It is your responsibility to review our terms of use on each occasion prior to making use of our services. If you continue to use our computer systems and services after our amended terms of use has been published, it will constitute a deemed acceptance of such amended terms of use.
- You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
- We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalise your use our services. We may also use such information to inform you about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Client Information Processing Policy at https://me.toget.me/Home/Privacy
- We have to protect our business and secure our computer systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive from our computer systems and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Coupon /Pre Paid Ticket/ Voucher Purchasing Terms
I. General
- We act as an agent for the service providers, wholesalers, retailers; promoters and sponsors or closed groups. We sell pre paid tickets; vouchers and coupons to you and collect payment from you on behalf of such suppliers and sponsor (“sponsor”). Each coupon that you purchase from us is subject to these terms of use as well as the Supplier’s terms and rules applicable to the particular event, service or product (“the Supplier’s Terms & Retailer Terms” provider by the supplier). Such Supplier and Retailer Terms may be referred to or set out on the relevant coupon or may otherwise be made available to you on our computer systems. Each coupon; pre paid ticket or voucher that you purchase from us is intended to be a revocable license to use at a particular retailer/ event or party to which the coupon; pre paid ticket or voucher pertains only and will not enable you to use elsewhere.
- These terms of use apply only to the processes described herein. Your rights under the coupon; pre-paid ticket or voucher issued to you are enforceable against the Sponsor only and are regulated by the Voucher / Pre-Paid Ticket Terms. It is your responsibility to familiarize yourself with the relevant Pre Paid Ticket / Voucher Terms before submitting a purchase request.
II. Redemption Process
- To redeem of buy your coupon; pre-paid ticket or voucher with us, you will be required to complete the Payment form. You must be over the age of 18 and able to conclude binding contracts to buy a coupon or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to buy a coupon. If you do not comply with the aforesaid you may not submit payment forms for coupon; pre paid ticket or voucher via our computer systems. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian prior to accepting any redemption from you.
- You may submit purchase requests or purchase forms for coupon; pre-paid ticket or voucher to us by completing our automated process; vendor license agreement and submitting your payment information to us in the prescribed manner. Our payment or redemption process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your request. Please make sure that the details are correct before completing the request, since it is unlikely that any mistake you make can be rectified later. We may limit your transaction to a specified number of persons to discourage unfair practices.
- Once submitted, your request will constitute an offer on the terms and conditions contained in these terms of use and the Supplier’s and Retailer Terms that is open for acceptance by us to conclude a binding agreement with you and an invoice and statement of purchase will be emailed to no-reply email address. It is your responsibility to review such Supplier’s and Retailer Terms before completing your coupon request. Following receipt of your request, we will send you a confirmation notice confirming acceptance or rejection of your request containing the relevant redemption or purchase number.
- A legally binding contract will be formed between us upon the earlier of (i) our sending of such a confirmation notice confirming our acceptance of your redemption or purchase, or (ii) our delivery of the coupon; pre paid ticket or voucher redeemed or purchased in accordance with these terms. We reserve the right not to accept or process your request and we will notify you if this is the case. In particular, we may refuse to sell you coupon; pre paid ticket or voucher to for which you do not meet the specified qualification criteria, including if you do not comply with the minimum age for the particular event, service or product stipulated by law or if the number of persons in your request exceeds any applicable limit specified for the relevant coupon; pre paid ticket or voucher.
- Please note that while we will try to send to you a confirmation notice for every valid coupon; pre paid ticket or voucher request we receive from you, we cannot guarantee that such confirmation notice will be received by you, nor that, if they are received by you, that they will be legible and uncorrupted. Your failure to receive such confirmation notice will not affect the validity of the agreement concluded between us in respect of a coupon; pre paid ticket or voucher redemption or purchase.
- If you do not receive a confirmation notice after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, you should confirm with us whether or not your order has been received and processed. Whilst we have an error log and manage the logs to maintain service levels, only you may be aware of any problems that may have occurred during the booking process. We will not be liable for any losses you may incur if you assume that a coupon; pre paid ticket or voucher was not processed because you failed to receive our confirmation notice.
- The information you have submitted with your request will be processed as you have provided it. If you realise that an error has been made or that you need to make a change to such information, you should contact us immediately.
- These terms of use shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the redemption of coupon; pre paid ticket or voucher.
III. Description and Pricing
- The details of the coupon; pre paid ticket or voucher (including the details of the relevant 3rd parties and suppliers, venues and store locations) for which Vouchers, tickets or coupons are offered will be as described on the relevant toget.me web site. Such descriptions are provided to us by the relevant suppliers and retailers. We do not endorse any of the coupon; pre paid ticket or voucher and we do not determine or control physical delivery, coupon; pre paid ticket or voucher prices or availability in respect of the suppliers and can therefore not accept responsibility for any inaccuracy, unavailability or changes in pricing that may occur. We are also not responsible for securing any store locations; venue, granting you admission to any venue or for the security or availability of stock; logistics or arrangements for any venue, or for the scheduling, timely delivery, suitability or quality of performances, venues or the seating arrangements. Please contact the relevant sponsor or organiser or coupon; pre paid ticket or voucher supplier if you are dissatisfied with any of the aforesaid.
- The supply of coupon; pre paid ticket or voucher offered to you depends upon the availability thereof. We may without prior notice change the price, change or discontinue the availability or change the description of coupon, arrangements or events for which coupons are made available. Special promotions may be subject to certain additional terms and conditions.
- Unless otherwise stated, all coupon; pre-paid ticket or voucher prices displayed are in South African Rand. All prices indicated as applying to coupons will be exclusive of delivery fees which will be separately charged to you in respect of all deliveries in accordance with the specified rates. In the event of a cancellation, exchange or replacement of coupon; pre-paid ticket or voucher at your request a stipulated handling fee and/or a cancelation fee may also apply.
- All prices indicated as applying to coupon; pre paid ticket or voucher will be inclusive of VAT but exclusive of any other taxes; admin fees and duties, which, unless otherwise indicated, will be charged separately if applicable.
IV. Payment
- You can collect coupon; pre paid ticket or voucher electronically for or at the specified “Redemption Locations”
- You may also be provided with electronic coupon; pre paid ticket or voucher containing unique identification numbers, barcodes and/or access codes. You are responsible for keeping such identification numbers, barcodes and/or access codes secure since such identification numbers, barcodes and/or access codes will enable the first user thereof to redeem the relevant coupon; pre paid ticket or voucher and only a single use (or otherwise notified on the coupon; pre paid ticket or voucher) thereof will be permitted.
V. Coupon; Pre Paid Ticket or Voucher Re-sales
Reselling of coupon; pre-paid ticket or vouchers redeemed or purchased from us is strictly prohibited. Any resale of coupon; pre paid ticket or voucher purchased or redeemed from us (or attempt) will entitle us to cancel such coupon; pre paid ticket or voucher and to resell them to our other customers. No coupons redeemed or purchased from us may be used for advertising, promotion or competition purposes unless formal written authorisation has been obtained from us, provided that even if such consent is obtained, you may not use our trademarks save as expressly authorised by us.
VI. Lost
Only the first person using an electronic coupon; pre paid ticket or voucher, using the unique identification numbers, barcodes and/or access codes provided with such electronic coupon; pre paid ticket or voucher, will be permitted access to an use, service or product. Coupon; pre-paid ticket or voucher can be recovered electronically only by the user and all records are available electronically.
VII. Cancellations and Refunds
- You may cancel any booking submitted to us for coupon; pre-paid ticket or voucher that have not yet been issued to you at any time prior to the date of use to which such redemptions pertain, by sending a cancellation notice to our email address. When you cancel your redemption you must provide us with the relevant redemption number. Following receipt of your redemption cancellation, we will refund you the face value paid for the relevant redemption, provided that reasonable cancellation charges as determined by the sponsor may be charged and deducted from such refund. Unless otherwise stipulated by the sponsor and depending on the prevailing circumstances the following cancellation charges may apply:
- If the cancellation occurs a 100% cancellation fee will apply unless otherwise stipulated.
- If a refund is issued hereunder, it will be issued using the same method of payment that was used to purchase the coupon; pre paid ticket or voucher with a re issue to the virtual credit card which will receive the credit for the refund.
VIII. Security
- We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. However, we do not guarantee the absolute security of any information you transmit to us or that is transmitted to you or any other person.
IX. Warranties and Liability
- Although we try to ensure that the particulars of the coupon; pre-paid ticket or voucher that appear on our computer systems are displayed and described completely and accurately, we do not warrant same and disclaim to the maximum extent permitted by applicable law any liability arising from any omissions and inaccuracies pertaining to such display and description save to the extent that such liability is caused by our gross negligence or fraud.
- We will not be liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with any redemption (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.
- In no event will our aggregate liability for all claims arising in connection with any product or service exceed the coupon; pre paid ticket or voucher price actually received from you in respect of such redemption or purchase, irrespective of the cause of action (whether in contract, statute or delict, including for negligence), save to the extent that such liability cannot be excluded by law.
Part C: Complaints and General
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We aim to provide you with quality services. If, however, you feel that you have cause to complain, you can email is at no-reply@electronicline.com. We will try to do our best to resolve any problems that arise. We require that you provide us with the following information as part of your complaint:
- Your full names, physical address, telephone number and email address
- The location and description Of the cause of your complaint
- The actions you would like us to take to remedy the problem
- A statement confirming that you are making the complaint in good faith
- A statement confirming that the information you are providing to us is to the best of your knowledge true and correct, and within your personal knowledge.
- Use of our computer systems and services are subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of your person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us.
- These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of our computer systems, the services offered and any products and services acquired through our computerised services. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
- Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
- You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.