Terms of Use

Introduction

These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.

Interpretation

Definitions

The words in bold below have the following meanings:

• bulk buyers mean buyers who buy gift cards from us in bulk.
• business hours refer to the hours 9AM - 5PM, Monday to Friday, but excludes South African public holidays.
• gift cards refer to the product that we sell on this website which are digital gift cards.
• terms include these general terms, specific terms that apply to a specific section of this website, our privacy policy found (put in link to POPI policy) and any other relevant terms, conditions, policies, disclaimers, authorities and notices agreed between you and us.
• we, us or our refers to Cape Union Mart International (Pty) Ltd (Reg. No.1979/005086/07) , the owner of the website. It includes our officers, agents, employees, owners and associates where these terms limit or exclude our liability.
• website means the website located at( insert name of website).
• you or your refers to any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.

Conflict

If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.

Use Of This Website

Licence

We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.

 Invitation to do business

The marketing of gift cards and display of gift cards on our website by us is merely an invitation to do business. You respond to this invitation to do business by making an offer to purchase those gift cards. The parties conclude a valid and binding order when we accept the offer that you have made. We only accept the offer relating to our gift cards once we process those gift cards for you. We may accept or reject an offer made by you. If we do not accept your offer then we will refund any monies that you have already paid to us.

Sale is final

Once we have accepted an offer to purchase from you, the sale is non-returnable, non-refundable and non-exchangeable. However, if there is a fault with the gift card we will refund or replace the gift card. Refunds or replacements will not be offered if no fault is found with the gift card.

A gift card will not be considered as having a fault if the gift card is blocked due to you breaching our terms and conditions.

Incidental failures which prevent a gift card from being used for a period of time, such as IT outages, maintenance or service-related incidents are also not considered as a gift card fault,

Delivery / Shipping

All gift cards are delivered via electronic transmission as a digital pin or redemption code. We deliver the gift cards immediately upon processing them, or as soon as possible thereafter.

Payment options

Payment can be made for gift cards via:

• Credit Card
• Debit Card
• Instant EFT via Pay by Bank 
• Bank Transfer EFT

Payment verification

Due to the nature of our business, payments are sometimes flagged for manual review to ensure they are legitimate and were authorised by you. You may be required to submit additional documentation such as a valid proof of payment in terms of a bank transfer (EFT) or verify that you placed the order through a verification call to the cellphone number provided on your account, before the order is released. You may also be required to provide a valid Identity Number, or passport number, to ensure the details you have provided us are accurate. Should there be discrepancies between your account and the payment instrument used, or if we're unable to complete the verification process, your order may be cancelled, your account suspended, and the payment refunded. Where payment was made via a bank transfer (EFT), a refund will only be made on receipt of a valid account confirmation letter from your bank, and where the bank account number matches the bank account where the original payment was made from.

Refunds

In circumstances where a payment qualifies for a refund, the refund will be actioned using the same payment method as the original payment. For refunds made through Bank Transfer (EFT), a stamped bank account confirmation letter - or verifiable electronic version - may be required before the refund will be actioned.

Breach

If you breach any of the terms or infringe any other person's rights (including copyright), we may block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.

Framing

You may not frame this website or any of its pages.

Linking

You may only link to the home page of this website at (https://giftcards.capeunionmart.co.za/) You may not deep link to any other page or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.

Virtual agents

You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.

Gift card expiration

Gift Cards can only be redeemed while they are valid and their expiry dates cannot be extended.

Gift card region restrictions

Unless expressly stated otherwise in the gift card's terms and conditions or on the gift card's product page, gift cards are only valid while using the gift card within the borders of South Africa. No returns, exchanges or refunds will be offered where gift cards cannot be used due to regional restrictions.

Gift card general restrictions

Gift cards cannot be exchanged for cash or credit. 

Points and vouchers linked to our rewards progamme called " Friends and Family", will not be earned by the purchasing of the gift cards. 

Changes to the Terms

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on the website or by email.

Intellectual Property

Ownership

We own this website and (together with any licensors) own all content and other rights in it, including all intellectual property rights such as copyright and patent rights. All moral rights are reserved.

Trade marks

You may not use any trademark, trade name, brand or logo on this website or related marketing material without first getting the owner's written permission.

Restrictions

Unless we expressly allow it, this website may not be:

• copied, modified or used to make derivative works;
• transferred, distributed, decompiled or reverse engineered, or
• rented, leased, loaned, sold or assigned;

Bulk Buyers

Ordering

You may order gift cards as a bulk buyer by completing our online order form (attach link).

As a bulk buyer, you may buy:

(insert details regarding quantity and RX amount etc)

Restrictions

We may review and cancel any bulk offers at any time, in our sole discretion.

Unless expressly stated otherwise in writing from us, gift cards purchased from us:

• are not licensed for resale;
• may not be re-distributed through another platform such as a website or app.
• Add in any other restrictions

Important Disclaimers And Limits To Our Liability

General Disclaimer

We are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of gift cards, after they has been delivered to you or the email address nominated by you.

You use this website at your own risk

We provide the website 'as is'. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

You indemnify us

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of this website.

Faults

We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.

Errors

Whilst we do our best to keep the descriptions and details of the gift cards accurate, they are subject to change. We reserve the right to correct errors by revising the order or price, refusing to accept the order or cancelling the order and refunding any monies that you have paid us.

Gift card limits

We reserve the right to limit the number of gift cards you can purchase.

Stolen or lost gift cards

We are not liable to refund or replace any lost or stolen gift cards.

Gift cards used without permission

We are not liable to refund or replace gift cards which have been used after the gift card has been delivered via electronic transmission.

Delays

We are not liable for any delays in delivering orders, and delivery of gift cards may be delayed several hours or longer after ordering. Further, we are not liable for delays that are the result of security checks, payment processing delays or payment clearance delays.

No liability for indirect damages

We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

Governing Law

These Terms of Use are governed by the laws of the Republic of South Africa.

Contact Us

If you have any questions or concerns regarding these terms or our products, please contact us at 021 464 5800 or at giftcards@capeunionmart.co.za.