March 2017 - Version 1.2
These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website and our mobile applications. You agree to the terms by visiting and using this website or our mobile applications.
The words in bold below have the following meanings:
- we, us or our refers to eGift Solutions (Pty) Ltd. (2016/150001/07), the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where these terms limit or exclude our liability.
- website means the website located at www.egifts24.co.za and also includes our mobile applications.
- 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.
- gift cards refers to the product that we sell on this website which are gift cards and digital gift codes.
- vendors refers to third-party merchants, retailers and vendors who issue gift cards bought on this website.
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
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 provide you with those gift cards. 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 in the code on the gift card we will refund or replace the order.
Third party vendors
We work with third party vendors, so purchases of gift cards from us are governed both by our terms and the third party's terms and conditions. Third party terms and conditions are included on each product's page.
All gift cards are delivered digitally as a gift code.
We accept South African Mastercard and Visa credit cards and debit cards (international cards will not be processed), Bitcoin, as well as EFT payments. We do not accept cash deposits or cheque deposits, and payments done via this method will result in cash handling fees, delays and/or cancellation of your order.
Payment Time Frame
When placing an order you need to ensure payment is made within a reasonable period of time. The below payment options and timelines indicate how long you have to make payment from when an order is confirmed on the checkout page, and for our system to confirm payment, before the order automatically expires:
- Credit Card - 2 hours
- Bitcoin - 4 hours
- EFT - 48 hours
If you breach any of the terms or infringe any other person's rights (including copyright), we may cancel your licence, 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.
You may not frame this website or any of its pages.
You may only link to the home page of this website at www.egifts24.co.za. You may not deep link (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.
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
Our third party vendors determine the expiry date of their gift cards. As such, expiry dates may vary from vendor to vendor, and if an expiry date applies, it will be stated in the gift card's terms and conditions.
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. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
Proxies and VPNs
You may not use a VPN, proxy, or any other type of technology to hide your true IP address when visiting this website. Doing so may result in account suspension, order cancellation, or IP address blocking.
Each authorised user must provide their full legal name, a valid email address (disposable or temporary email address services are not allowed), and any other information requested by us to complete the registration process.
If the user is younger than 18 years of age, the user warrants that they have the consent of their legal guardian to enter into these terms or that the user has obtained legal status in another manner.
Only authorised users may access the service by using the credentials issued to them.
Authorised user obligations
Each authorised user agrees:
- to keep their credentials secure;
- to only create and maintain one account;
- if a credit card is used for payment, to only use it on one account;
- not to provide access to any person other than an authorised user;
- not to interfere with the functionality or proper working of the service;
- not to introduce any viruses, worm, logic bomb, Trojan, wares, potentially unwanted program (PUP) or other malicious software into the service;
- not use the service for direct marketing, spamming, unsolicited communications, or other advertising or marketing activities prohibited by applicable law;
- that they are domiciled in South Africa;
- if the account is for a juristic entity, the person who created the account is authorised to do so on behalf of the entity, and only that authorised person may transact on that account.
If your account is deactivated by us, you, or anyone acting under your discretion, are strictly prohibited from creating another account on this website.
Each authorised user is responsible and liable for activities that occur under their account. You authorise us to act on any instruction given by an authorised user, even if it transpires that someone else has defrauded both us and you, unless you have notified us in writing prior to you acting on a fraudulent instruction. We are not liable for any loss or damage suffered by you attributable to an authorised user's failure to maintain the confidentiality of their credentials.
Loyalty Programme ePoints & Loyalty Vouchers
Eligibility & Enrollment
All normal registered users are automatically enrolled into the Loyalty ePoints programme, although we reserve the right to limit participation in our sole discretion. Users registered in our Bulk Buying programme are not eligible.
Earning Loyalty ePoints
Eligible users can earn ePoints on the completion of orders for eligible products, or by taking certain actions through the website and mobile applications. ePoints cannot be earned from payments done with gift vouchers or loyalty vouchers, or where there's a promotional discount applied to the order. Not all products will earn users ePoints, and earn rate can vary between products.
Loyalty ePoints Balance
When you earn ePoints, your ePoints balance will be automatically updated. Should an order or action be voided or refunded, any ePoints earned from that order or action will be removed from your ePoints balance. You can view your ePoints balance under the "My Account" -> "View & Redeem ePoints" link.
Redeeming Loyalty ePoints
Loyalty ePoints can only be redeemed once the balance reaches a threshold of 1000 ePoints. Loyalty ePoints are redeemed for Loyalty Vouchers, which are automatically tied to the redeemer's account, and are available for use as discounts on checkout.
Loyalty ePoints automatically expire after 1 year of them being earned. Loyalty Vouchers automatically expire after 1 year of them being converted from Loyalty ePoints.
Loyalty ePoints cannot be purchased, resold, transferred, redeemed for cash or applied to any other account. We may limit the number of Loyalty ePoints you can earn or use within certain periods of time or implement other restrictions on the receipt or use of Loyalty ePoints.
We reserve the right to suspend or terminate a user's participation in the Loyalty ePoints programme, if the user violates these terms. We may also suspend, cancel or otherwise limit your access to Loyalty ePoints if we suspect fraudulent, abusive or unlawful activity associated with your account. If we determine that a user fraudulently obtained Loyalty ePoints or used fraudulently-obtained Loyalty ePoints, we may revoke those Loyalty ePoints and suspend or terminate the user's account.
Changes to Loyalty Programme
We may change, suspend or terminate the Loyalty ePoints programme, or any part of it, at any time and in our sole discretion. Upon termination of the programme, Loyalty ePoints earned but not used will automatically expire.
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.
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.
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;
Important Disclaimers And Limits To Our Liability
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.
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.
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 are able to purchase.
Stolen or lost gift cards
We are not liable to refund or replace any lost or stolen gift cards.
We are not liable for any delays in delivering orders, and delivery of gift cards may be delayed several hours after ordering. Further, we are not liable for delays that are the result of vendor issuing delays, security checks, payment processing delays or payment clearance delays.
We work with third party vendors. Any disputes involving the vendor of the gift card must be taken up with the vendor. Therefore, we are not liable for any claims connected with a dispute involving a third party vendor.
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.
Direct damages limited
If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
Other website or serviceWe are not responsible for anyone else's website or service, including those offered by third party vendors.
If you have any questions or concerns regarding these terms or our products, please contact us at: firstname.lastname@example.org, or by physical mail to: eGift Solutions, 42 Bortoli Cres., Kraaifontein, 7560.