Disclaimers, Warranties and Limitation of Liability - last updated 21 October 2014

IMPORTANT: We specifically draw Your attention to the following crucial provisions, which We require You to read and agree to prior to concluding any transaction or interacting in whatsoever way with the eBucks Rewards Programme:

These Disclaimers, Warranties and Limitation of Liability provisions must be read with Our Terms and Conditions. In the event of conflict between the terms of this document and the Our Terms and Conditions, then the terms of this document will prevail to the extent of the inconsistency.
All words starting with capital letters have further been defined in the DEFINITIONS clause at the end of Our Terms and Conditions.
Nothing herein contained shall limit or exempt a supplier of goods or services from liabilility for any loss directly or indirectly attributable to the gross negligence of the supplier or any person acting for or controlled by the supplier, as envisaged in Section 51(1)(c)(i) of the Consumer Protection Act.
Nothing herein contained shall limit or exempt a producer, importer, distributor or retailer from liability for harm or damage caused by goods, as envisaged in Section 61 of the Consumer Protection Act.
Nothing herein contained shall limit or exempt a producer, importer, distributor or retailer from the implied warranty concerning safe, good quality goods as envisaged in Section 56 of the Consumer Protection Act.
Nothing herein contained shall limit or exempt a service provider from the implied warranty on repaired goods, as envisaged in Section 57 of the Consumer Protection Act.
If any of these provisions conflict with the provisions of the Consumer Protection Act the latter shall prevail.
We are committed to the provisions and the spirit of the Consumer Protection Act. As it is new law difficulties concerning the interpretation and the application of the law will inevitably arise. We invite you to contact our Contact Centre on 087 320 3200 if you feel that we have not complied with the spirit or the letter of the law so that We can take corrective action, if required.

GENERAL
DISPUTE PERTAINING TO THE EARN OF EBUCKS
DISPUTE PERTAINING TO THE SENDING OF EBUCKS
BUSINESS, TRANSACTOR AND PRIMARY MEMBER's LIABILITY
TAX IMPLICATIONS
ACKNOWLEDGEMENT: PRODUCT LIABILITY
LIMITATION OF LIABILITY RELATING TO COMPETITIONS
TRAVEL
REWARDS CALCULATOR
DEFINITIONS

GENERAL

We will not be liable for any loss or damage which You, incur, suffer or attract (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage) arising as a result of:

phishing, fraud, a loss, theft or compromise of Your Access Codes, eBucks Card, Your Selected Cell Phone or a fraudulent SIM swap. We will only be responsible for losses that you have incurred if You are able to establish that the loss was caused by Our negligence.
Your mistake,including but not limited to duplicated transactions, when giving Us an instruction;
any interruption, malfunction, downtime or other failure of the Website, eBucks Contact Centre, eBucks Card, Balance SMS Service or third party system or any component part thereof for whatever reason;
any transaction rejected at the Partners' points of sale;
any product non-availability, price fluctuations, whether due to currency fluctuations, increase in taxes or otherwise, prior to You Checking-Out, confirming your transaction or signing or confirming acceptance of the travel confirmation form.
Your interactions with organisations and/or individuals found on or through the third party websites listed on Our Website, including, but not limited to: payment, delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings and any breach thereof. These matters are solely between You and such organisations or individuals and We accept no liability, to the fullest extent allowed in law, whatsoever for any such dealings. We will not entertain any requests from any person to mediate or resolve any dispute between You and such organisations or individualsWe are, however, responsible for the Vottle website buyer's instructions to Us on Our webpage to transfer the offered amount of eBucks from the buyer's eBucks Account to the eBucks Escrow Account and thereafter to the seller's eBucks Account on the seller's acceptance of the buyer's offer.
any loss or damage with regard to Your personal information or any other data directly or indirectly caused by interception, malfunction of Our systems, third party systems, unlawful access to or theft of data;
computer viruses, programming defects or destructive code on Our system or third party systems;
You providing Us with Your residential address and a domestic worker, security officer or any other person lawfully present at your residential address accepts the goods on Your behalf;
You providing Us with Your business address and a receptionist, security officer, mail room or any other person lawfully present at Your business address accepts the goods on Your behalf;
You authorising Us to send goods and services such as Virtual Voucher's, airtime, magazines, LOTTO ® certificates, donation certificates and the like by SMS, uploaded to a cellular phone or to Your postal address;
any event which is beyond Our control including but not limited to delays, cancellations, over-bookings, strikes, force majeures;
Us not being able to identify and authenticate You. If We are not able to identify and authenticate You within 30 (thirty) days of receiving Your registration form, then Your registration will be deleted. You will not be entitled to hold Us liable for any damages howsoever occurred in respect of the deletion of Your registration, since it will be Your sole responsibility to follow-up with Us should You not have heard from Us within 20 (twenty) days from submitting Your registration form.
defective, sub-standard or unsuitable goods/services. All goods/services are provided without any express warranty of any kind, unless expressly otherwise provided on this Website. This stipulation will also inure for the benefit of Our Spend Partners and Suppliers.
delays in delivery. The delivery time of goods delivered by post, SMS or uploaded on a cellular phone will be solely dependant on the South African Postal Services or the relevant cell phone operators, respectively. We will not be liable for any loss or damage You may suffer if the goods are not delivered within Our estimated or agreed delivery times.
price fluctuations and non-availability of goods and services. We do not warrant fix prices and the availability of goods and services in a Shopping Basket saved prior to Check Out for later use and accordingly accepts no liability whatsoever for such price fluctuations and goods and services non-availability.
errors and omissions. We reserve the right to correct at any stage all errors and omissions of the advertised prices of goods, services, Delivery Fees, Additional Delivery Fees and administration fees.
activities on Our Partner's online retail websites. We are in no way responsible for the stock holding or delivery of any product purchased on Our Partner's online retail websites. This is the sole responsibility of the Partner. Should a Partner be out of stock of product purchased, any delay or back order is solely the responsibility of the Partner.
discounts on goods and services. We reserve the right to
The use of Our rewards calculators.

DISPUTE PERTAINING TO THE EARN OF eBUCKS

We merely run the eBucks Rewards Programme on behalf of the Partners, therefore

should You have any dispute whatsoever in relation to a Partner's eBucks earn rate, earn allocation and/or earn criteria, You may not hold Us liable for any such dispute and Your sole recourse would be against the relevant Partner; and
We will not be held liable for any misrepresentations, actions, omissions or any incorrect information supplied by any of thePartners.

DISPUTE PERTAINING TO THE SENDING OF eBUCKS

Your mistake, including but not limited to duplicated transactions, when giving Us an instruction;
Errors in transfers of eBucks made when sending eBucks to other eBucks Accounts due to the input of incorrect information;
Sending eBucks to an incorrect eBucks Account;
Providing incorrect information to the eBucks Contact centre agents when instructing them to send eBucks for You;
Fraudulent eBucks transactions;

We are not responsible for the verification of the identity of the recipient eBucks Account holder. We cannot reverse or correct payments or transfers that You make to other eBucks Accounts without the specific consent of the recipient eBucks account holder.

BUSINESS, TRANSACTOR AND PRIMARY MEMBER's LIABILITY

The Business will at all times remain liable for any and all actions and omissions of the Transactor and Primary Member on the eBucks Business Account and to that extent, the Business irrevocably and unconditionally indemnifies and hold Us harmless against any claims and damages You may suffer as a result of or in relation to Us carrying out any instructions at the request of the Primary Member or Transactor or allowing the Primary Member or Transactor access to the eBucks Business Account.
The Primary Member and Transactor herewith unconditionally warrant that they are duly authorised to represent the Business and transact on the eBucks Business Account. Accordingly the Primary Member and Transactor will at all times irrevocably and unconditionally indemnify and hold Us harmless against any claims and damages, including legal costs on an attorney-and-own-client scale, which We may suffer as a result of or in relation to any breach of the aforesaid warranty.

IMPORTANT NOTICE: TAX IMPLICATIONS

We strongly recommend that you obtain independent professional advice regarding any tax implications arising from the receipt, accumulation, transfer or spend of any rewards, benefits, discounts or eBucks. Transfer refers to the transfer of rewards, benefits, discounts or eBucks to another person, business or entity.

You are fully responsible for any tax implications arising from or associated with any rewards, benefits, discounts or eBucks received, accumulated, transferred or spent due to You being a Member of, or participating in, the eBucks Rewards Programme.

You agree that You will not hold Us, FNB or FirstRand Bank Limited ("the Bank") liable and You hereby fully indemnify the Bank, and hold the Bank completely harmless, against all damages, claims and fines made against You or the Bank, including all legal costs on an attorney-and-own-client scale, to the extent to which such damages, claims and fines arise out of or are connected to any taxation relating to Your receipt, accumulation, transfer or spend of any rewards, benefits, discounts or eBucks, or the charges in respect thereof.

ACKNOWLEDGEMENT: PRODUCT LIABILITY

You acknowledge that We are an online retailer and accordingly We do not as a general rule keep physical stock of goods advertised on Our Website.
Once You have purchased goods via Our Website or Contact Centre, We only then place an order for those goods with the supplier. Once the supplier confirms that the goods are available for delivery, then either the supplier, the supplier's couriers or Our outsourced couriers collects the pre-packaged goods from the supplier and delivers the goods to Your chosen address.
At no stage during Our ordering, collecting and delivering of the goods, especially in light of the fact that the goods are usually packaged or sealed by the supplier, do We or Our couriers have any sight of the goods inside the packaging. We are accordingly unable to inspect the goods for any unsafe product characteristic, failure, defect or hazard.

LIMITATION OF LIABILITY RELATING TO COMPETITIONS

Subject to Section 36 of the Consumer Protection Act, neither We, the Promoter or any of Our orther Promoter's employees, directors, partners, members, trustees, beneficiaries, agents, consultants, sub-contractors, sponsors, affiliates, holding or subsidiary companies accept liability, to the fullest extent allowed in law, for any direct or indirect loss, any damages suffered, injuries sustained, including death, loss of property, pure economical loss or any other adverse effect whatsoever suffered by any participant and/or his/her dependants (including without limitation his/her spouse, partner, children, parents or grandparents) resulting from the participants participation in the competition or the collection or use of the prize whatsoever and howsoever arising.

Your enrolment and participation in the competition shall be wholly at Your own risk and neither We nor the Promoter provides any warranty of any kind, either expressed or implied.

Full liability and risk passes to the winner of the competition on delivery or use of the prize, whichever date occurs first.

Neither We nor the Promoter or any of Our and the Promoter's employees, directors, partners, members, trustees, beneficiaries, agents, consultants, sub-contractors, sponsors, affiliates, holding or subsidiary companies accept any liability, to the fullest extent allowed in law, whatsoever for:

Any oversight, ambiguity, error or omission, whether negligent or otherwise, which may have been committed in the course of running the competition and the awarding of the prize(s).
Circumstances beyond their control, such as disruptions in communication systems and internet connectivity or viruses or any other corruption of any delivery system. This list is not exhaustive and shall extend to any other condition or incident that may cause any potential entrant in the competition not being able to enter
Lost, late, delayed, misdirected, unintelligible on incomplete entries

If the competition prize constitutes, in whole or In part, a travel related activity, then:

The Travel Agent will reasonably endeavour to make the necessary arrangements with the various component service providers of the prize. We have no control over any of the service providers, including the Travel Agents, and accordingly accepts no liability to the fullest extent allowed in law, whatsoever, for any loss, damage, injury, accident, delay or any other irregularity whatsoever arising from such service providers actions or omissions. Kindly be aware that hotels undergo renovations from time to time and the hotels should take all possible steps to limit disruption to their guests. The Travel Agent shall not entertain complaints and / or requests for compensation, if a hotel is carrying out renovations whilst a competition winner is resident.
Furthermore the competition winner agrees that he/she engages in any physical exercise and / or activity voluntarily and absolutely at his/her own risk. The competition winner assumes the sole risk of any and all injury, illness and / or damage to the competition winner or any third party's (including dependants), person and property that may occur during the course of the Itinerary
To the fullest extent allowed in law, We shall not be liable to the competition winner, his/her travel companion and/or any other person including the competition winner's/travel companion's/other person's spouse, parent, child or any dependant, and the competition winner hereby indemnifies and holds Us harmless against any and all claims of whatsoever nature, made against Us or the Travel Agent for any loss or damage resulting from any bodily injury, loss of life or loss of or damage to property howsoever arising, including any and all claims arising out of Our or the Travel Agent's and/or that of Our employees, agents or any third parties' negligence and/or intentional conduct or omission.
The competition winner hereby acknowledges that he/she understands fully that the aforementioned provisions are a disclaimer, to the fullest extent allowed in law, of all Our and the Travel Agent's liability.
All the provisions hereinabove shall equally apply, as far as applicable, in relation to the competition winner's companion(s) who would accompany him/her on his/her travel. The competition winner warrants that each companion who will accompany him on his travel as per the prize, has perused and unconditionally agreed to all the Terms and Conditions and any other relevant terms and conditions on the Website.

TRAVEL

You undertake all activities associated with eBucks Travel products and service at Your own risk. Although most travel, including travel to international destinations, is completed without any serious incidents, certain travel destinations, products and services may involve greater risks than others. It is Your and Your travel partners' sole responsibility to research and ascertain the risk associated with certain travel destinations, products and services, including but not limited to: the method of travel, travel routes, travel itineraries, travel experiences and travel destinations. By offering for sale travel products and services, We do not represent or warrant that such travel products or services are advisable or without risk, and accordingly We are not liable, subject to the provisions of the Consumer Protection Act, when and if applicable, for damages or losses that may result from such travel.
No travel insurance is available through eBucks Travel and no travel insurance is included with any of the products or services available through eBucks Travel. It is Your sole responsibility to ascertain and determine whether You will require any travel insurance. We recommend that You consider obtaining comprehensive travel insurance and that You seek appropriate advice from an authorised financial services provider in this regard.
A failure to travel with the correct documentation could result in You and/or Your travel partner(s) being refused travel, entry to the country of Your destination or stop-over, deportation or incarceration and in such circumstance(s) You and Your travel partner(s) shall not hold Us liable for any costs, claims, consequences or damages suffered of whatsoever nature, arising from Your and/or Your relevant travel partners' failure/omission to ensure that he/she has complied with all travel documentation requirements. You will also fully indemnify Us against all claims by any person, including Your relevant travel partners, for all damages, fines, penalties, causes of actions, costs (including all legal fees on an attorney-and-own-client scale, resulting from Your and/or Your travel partners' failure/omission to ensure that he/she has complied with all travel documentation requirements.
Since all travel-related products and services are provided by Suppliers to eBucks Travel, We do not accept liability for any actions, errors or omissions on the part of any Suppliers and/or any other service providers, which are governed by their respective rules, regulations and Service Terms.
You acknowledge that some Suppliers offering certain services and activities may require You and Your travel partners to sign their liability waiver and additional terms and conditions prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier's rules and restrictions may result in cancellation of Your and/or Your travel partners' reservation(s), in You and/or Your travel partners being denied access to the applicable travel product, in You and Your travel partners forfeiting any monies paid for such reservation(s), and/or in Our debiting Your accounts and/or holding You liable for any costs We incur as a result of such violation.
Under no circumstances will We refund You should You have made a mistake relating to the details of Your purchased eBucks Travel product. It is for this reason, that We provide You with a confirmation form.
At any time during any leg of a flight, should Members and their passengers have medical conditions or other conditions for which they may require assistance or who have special service requirements during embarkation, disembarkation or onboard, including but not limited to those conditions and requests listed below, may not book via the OBE, as they are required to book via the eBucks Travel Desk:
- Animal in hold;
- Blind passenger;
- Basinet/Carrycot;
- Commercial courier;
- Deaf passenger;
- Deportee (accompanied);
- Deportee (unaccompanied);
- Extra seat;
- Fragile baggage;
- Group seat;
- Fragile baggage;
- Group seat;
- Group fare;
- Language assistance;
- Meet and assist;
- Medical case (including but not limited to conditions which is believed to be actively contagious or communicable and life threatening to other passengers and crew; which may cause or induce unusual behaviour, or a physical condition, which could have an adverse effect on the welfare and comfort of other passengers and crew members; which is considered to be a potential hazard to the safety of the flight; which may cause the flight to be diverted or perform an unscheduled stop; or which may reasonably foreseeable require any kind of assistance);
- Pet in cabin;
- Stretcher;
- Unaccompanied minor (i.e. between the ages of 0 - 16);
- Wheelchair (carry on);
- Wheelchair (can climb stairs);
- Wheelchair (cannot climb stairs); and
- Pregnant women after her 28th week of gestation.
Should any Member and/or Passenger have the abovementioned conditions or special service requirements, but nevertheless proceed to book via the OBE and not the eBucks Travel Desk, then the relevant airline's terms and conditions will apply. In such circumstances the relevant airline may refuse You permission to board the aircraft and You will then forfeit all monies You have paid for the flight ticket. Should the airline, in their sole discretion, be able to accommodate You, You will nevertheless be liable for all additional Cancellation Fees, Change Fees and Booking Fees as provided elsewhere in these Terms and Conditions. In such circumstance(s) You and Your passengers shall not hold Us and the relevant airline liable for any costs, claims, consequences or damages suffered of whatsoever nature, arising from Your and/or Your passengers' failure/omission to book via the eBucks Travel Desk. You will also fully indemnify Us against all claims by any person, including Your passengers, for all damages, fines, penalties, causes of actions, costs (including all legal fees on an attorney and own client scale), resulting from Your and/or Your passengers' failure/omission to book via the eBucks Travel Desk.
Kindly note that due to constant currency fluctuations the taxes quoted may vary from date of quotation to date of payment. You will solely be liable for paying the difference in such taxes and We do not accept any liability whatsoever for the difference in such taxes.
You shall not hold Us liable for any non-availability, changes in prices or any damages suffered due to circumstances changing from the date of quotation to the date We accept Your offer to purchase the eBucks Travel product.
We shall only be liable for those costs of the travel package as expressly stated in the Itinerary. All other costs, notwithstanding such additional costs being associated, directly or indirectly, with Our expenditure obligations, shall be for Your sole account.

REWARDS CALCULATOR

Your rewards level may vary each month depending on your banking behaviour and the points you accumulated during the prior month.
Rewards calculators are designed to give you an indication of your current rewards level and what actions are required for you to move up a rewards level and earn more eBucks.
Rewards calculator results are an approximation based on your individual input and rules at a specific point in time and may not be a true reflection of what your actual rewards level or your eBucks earn will be.

DEFINITIONS

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