Terms and Conditions
In these Terms and Conditions, defined words are used and referred to below by using a capital letter. These words have the following meaning:
1.1 “CPA” means the Consumer Protection Act, 68 of 2008 and the Regulations, as amended;
1.2 “Merchant” means a third party who provides the Products in exchange for a Voucher;
1.3 “Product(s)” means the specified goods and/or services described in the Offer which are provided by a Merchant in exchange for a Voucher;
1.4 “Register” means entering your first name, last name, email address, city, selecting a username and password to create an account on the Website;
1.5 “Offer(s)” means offering Vouchers for sale on the Website or by email in exchange or Products provided by Merchant
1.6 “Terms and Conditions” means these Terms and Conditions;
1.7 “You” means the user of the Website and the buyer of Vouchers;
1.8 “Us” and “We” means Butler Technologies (Pty) Ltd trading as 4LAUNT , a private company duly incorporated in accordance with the company laws of the Republic of South Africa acting as an agent on behalf of the Merchant;
1.10 “Voucher” means a prepaid credit voucher which is subject to these Terms and Conditions, which, if bought by You, allows You to redeem it at a Merchant in exchange for Products;
1.11 “Website” means the Website located at http://www.4launt.com
2.1 Please read these Terms and Conditions carefully. When registering an account with Us, You are required to agree to the Terms and Conditions. These Terms and Conditions are made between You and Us.
2.2 These Terms and Conditions are applicable when You access and use the Website.
2.3 You may not buy a Voucher unless You accept these Terms and Conditions.
- GENERAL TERMS
3.1 The content contained on this Website may be used by You for your own personal, non-commercial shopping and information purposes only.
3.2 To use the Website and to buy a Voucher, You must be 18 years old or over.
3.3 These Terms and Conditions are a written contract between You and Us and any other terms do not form part of our contract unless they are made in writing and signed by You and Us.
3.4 If any one or more provisions of these Terms and Conditions should become invalid, illegal or unenforceable in any respect under any law, such provision will be set apart from these Terms and Conditions, and the validity, legality and enforceability of the rest of the provisions will not in any way be affected.
3.5 These Terms and Conditions are governed by the laws of the Republic of South Africa.
3.6 Should We amend these Terms and Conditions, the Terms and Conditions which You read and agreed to, will be applicable. We may ask You to agree to the amended Terms and Conditions from time to time.
- OUR RELATIONSHIP WITH YOU AND THE MERCHANT
4.1 We are an intermediary as defined in the CPA between You and the Merchant. This means that we represent the Merchant by offering and selling You the Voucher.
4.2 Company details of the intermediary are: Butler Tech (Pty) Ltd, trading as 4LAUNT
4.3 The Products will be supplied to You by the Merchant and not by Us.
4.4 If You have any problem with the Products, You must take it up with the Merchant and not with Us.
- BUYING A VOUCHER
5.1 When You make use of a credit card to buy Vouchers, your credit card details are transmitted by Secure Sockets Layer (SSL). At no time are your credit card details stored on our server.
5.2 We will send You an email with your Voucher after You have paid for it and it then becomes your property. The transaction between You and Us is then concluded in terms of the CPA.
5.3 You may cancel the transaction by giving us notice in writing within 5 business days after the transaction is concluded that You want to cancel. We will refund your money within 15 business days after We receive your written notice and no penalty will be charged for cancellation.
- REDEEMING A VOUCHER
6.1 Once You receive the Voucher by email, you must then contact the merchant to redeem your voucher. The Merchant will also receive a copy of your voucher so that they are aware of your purchase and will be awaiting communication from you.
6.2 The Voucher will have additional information which You must read and in most cases You will have to call the Merchant to make a booking when you want to redeem your Voucher.
6.3 It is the Merchant’s responsibility to provide You with the Products/Service and, should You not be happy with the Products/Service after You have received them, You may not ask Us for your money back. We are only an agent of the Merchant and You must take it up with the Merchant directly.
6.4 Where the Product consists of goods and You are not satisfied with the Products, You are entitled to ask the Merchant to refund You or to repair the goods, provided You return the Products to the Merchant within 6 months after the Products were delivered to You and the Products do not comply with the requirements and standards set out in section 55 of the CPA.
6.5 If You want to redeem your Voucher and the Merchant is unable to provide the products/Service, You are entitled to a refund from the Merchant.
6.6 The Voucher is not only redeemable by You but by any person who presents the Voucher to the Merchant. It is the responsibility of You to keep the voucher safe and neither 4LAUNT nor the Merchant will be liable to compensate You or replace the voucher should the voucher be lost by You.
6.7 In some cases Merchants have their own applicable terms and conditions, in relation to the supply of the products/Services and You must find out what those terms and conditions are before You redeem your Voucher.
6.8 You may not copy the Voucher and try to redeem the same Voucher more than once.
6.9 You may not sell the Voucher to any other person but You may give it away as a gift.
- EXPIRY OF A VOUCHER
7.1 We act purely as the intermediary/agent, the expiry date of each voucher is determined by the Merchant.
- THE WEBSITE
8.1 You agree not to infect the Website with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and You agree to pay for any monetary or other loss we may incur as a result of such infection of the Website by You.
8.2 We may suspend the Website or any part thereof or close your account after giving notice to You if We determine that the Website is not being used by You in compliance with these Terms and Conditions.
8.3 We cannot guarantee that your use of the Website will always be uninterrupted or that it is free from becoming infected by viruses due to factors beyond our control.
8.4 Your access to the Website may sometimes be restricted due to repairs or maintenance of the Website. We will try to restore your access as soon as We reasonably can.
8.5 We cannot assume any responsibility for lack of functionality which is dependent on your browser or other third party software
9. INTELLECTUAL PROPERTY
9.1 The Website contains copyright and other intellectual property including logos and other graphics and multimedia works that are our property.
9.2 E-mail addresses, names, telephone numbers and fax numbers on the Website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is not permission from Us to utilise same.
9.3 You may not, without our prior written consent, use our intellectual property or that of third parties for any purposes whatsoever.
10. FACTORS BEYOND OUR CONTROL
10.1 We will not be liable to You for any breach of our obligations under these Terms and Conditions where We are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including 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).
11.1 Your private information required for registering an account on the Website will be kept in the strictest confidence by Us and will not be sold or made known to third parties.
11.2 We may electronically collect, store and use your:
- name and surname;
- e-mail address;
- birth date;
- your city;
- non-personal browsing habits and click patterns;
- preferences regarding Offers;
- IP address.
11.3 This information will only be used to do the following:
- subject to your consent, to inform You of facts relating to your access and use of the Website;
- subject to your consent, to inform You about Offers;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Website subject to the conditions in clause 13.6 below to verify your identity when transacting with Us.
11.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
11.5 We may collect, maintain, save, compile and share any information collected from You, subject to the following conditions:
- We will not disclose your personal information unless you give us your permission thereto or unless required for the purposes of any legal process;
- We may compile, use and share any information that does not relate to any specific individual;
- We own and retain all rights to non-personal statistical information collected and compiled by Us;
- We own and retain all rights to non-personal statistical information collected and compiled by us online.
11.6 We cannot be held responsible for security breaches occurring on your electronic device (personal computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spy-ware that you may inadvertently have installed on your device.
11.7 We will send you regular communications via email with the hottest deals on fun things to do, see and experience in your city. Subscription to this email is free. Every email will have an ‘unsubscribe’ link to facilitate easy opt-out if you no longer want to receive the emails.
11.8 We review this policy from time to time, to ensure that it reflects how We use your information. The policy which was effective on the date You used the Website will be applicable so please ensure that You are familiar with any changes.
11.9 In the event of any material change to this policy, We will announce the change either on the home page of the Website or by email.