Terms and Conditions
1.1. By making use of the Wikideals website (www.Wikideals.co.za) you (“the user”) agree to the following Terms and Conditions. Should you not agree to these terms and conditions do not make use of the WIKIDEALS website.
2.1. “Wikideals ” – website owned and operated by QCK LEZMIN 4648 CC;
2.2. “user” or “you” – is a legal person who makes use of the Wikideals website and services;
2.3. “Coupon” – is a coupon which is issued by the Merchant for goods/services made available through the Wikideals website. Once purchased you may redeem the coupon by the Merchant;
2.4. “Merchant” - Seller of the goods/services;
2.5. “Microsite” - auxiliary website which is supplementary to our main website.
3.1. Wikideals provides its users with online access to offers of coupons which may be redeemed for goods and services at a discounted rate from the Merchants on the condition that minimum amount of users make the purchase.
3.2. In order to make purchases on the Wikideals website you will have to register with Wikideals. Once you have purchase a coupon and the minimum number of registered users required for the deal to be activated has be achieved you will be charged and once payment is received an email shall be sent to the email address you have registered containing the purchased coupon. You may print this coupon and redeem at the Merchant.
3.3. Anyone who wishes to register an account and/or subscribe to the Wikideals newsletter has to be 18 years of age and who have the legal capacity to conclude legally binding contracts. By using any of the services available via the Website and/or purchasing Coupons, you warrant that you are at least 18 years old and that you have the legal capacity to conclude legally binding contracts.
3.4. Wikideals hold no responsibility with regards to the redemption of any/all coupons for goods or services purchased on the Wikideals website.
3.5. The right to use the Wikideals website is personal to you and is not transferable to any other person or entity.
3.6. You are responsible for any equipment required for the use of the Wikideals website. Any telephone, computer hardware and other equipment needed and any/all charges related to this shall lie solely with you. Wikideals shall not be liable for any/all damages to equipment resulting from making use of Wikideals website.
3.7. Access to the Wikideals service is made available to you on a single user basis.
3.8. The Terms and Conditions can be amended at any time by Wikideals without prior notice to you. You can access the terms and condition on the Wikideals website at any time.
In order to make purchases on the Wikideals website you will have to register with Wikideals. In order to register you will have to provide Wikideals with a username (email address), a password, and your address.
4.1. Once you have completed the registration process you will have a username and password. You agree that any and all information provided by you to Wikideals is true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or Wikideals has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete then Wikideals reserves the right in its sole discretion to terminate your account.
4.2. You agree that the password and ID will be kept confidential and under no circumstances will it be distributed to any other person/s. You are further responsible for activities that occur on your account.
4.3. In the event that your password is disclosed it is your responsibility to notify Wikideals as soon as such disclosure is known.
4.4. Wikideals will not be held liable for any loss or damage suffered due to failure to comply with the above.
5.1. When using the Wikideals you shall not post or send to or from Wikideals any material:
5.1.1. for which you have not obtained all necessary consents;
5.1.2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to any local laws;
5.1.3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
5.1.4. which is aimed at soliciting users of Wikideals to become users of other on-or offline services which are directly or potentially competitive with Wikideals.
6. Copyright and Trademarks:
6.1. All content of the Wikideals website is the exclusive property or has been used with the expressed permission of the copyright/trademark owner.
6.2. You are prohibited from copying, adapting, editing, changing, transmitting, posting, linking, transforming, publishing, republishing, distributing, redistributing, broadcasting, rebroadcasting or showing or playing in public this website or the material on this website (in any form or media) without prior written permission from the copyright/trademark owner. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the User to civil and / or criminal penalties.
6.3. By submitting material to any public area of this Website, you warrants that the owner of such material has expressly granted Wikideals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
6.4. your rights will be subject to the copyright/trademark policy of the owner of the copyright/trademark which has been licensed to Wikideals.
7. Limitation of Liability
7.1. Wikideals will not be held liable for dealings user's have with businesses which have advertisements on the Wikideals website.
7.2. Save for Wikideals being liable to you –
7.2.1. under the Consumer Protection Act 68 of 2008 ("CPA") in relation to the Services it provides to you via the Website and, in those rare instances where Wikideals is indicated as being the Coupon merchant, the Products so marketed and supplied to you by it; and
7.2.2. under sections 43(5) and 43(6) of the ECT Act in relation to Wikideals payment systems not being sufficiently secure,
Wikideals and it s representatives will not be liable to you or any third party for any indirect, consequential, incidental or punitive damages, including lost profits or lost data, injury, honour, dignity, goodwill, resulting from the use of the Wikideals site content which you or any other person access through Wikideals site.
7.3. Wikideals will not be held liable for any non-performance caused by acts of God, war, internet or electrical power disruptions, acts or omissions of the other party, acts or omissions of any 3rd party or other acts or events of the Force Majeure under applicable Law.
7.3.1. Further you accept that:
7.3.2. You use you the Wikideals service your own risk. The service which is provided by Wikideals is done so on a "as is" basis and "as available" basis Wikideals and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7.4. Wikideals and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
7.4.1. The service will be uninterrupted, timely, secure or error-free;
7.4.2. The service will meet your requirements;
7.4.3. The results that may be obtained from the use of the service will be accurate or reliable
7.5. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7.6. Wikideals and it's subsidiaries , affiliates, officers, employees, agents, partners and licensors will not be held liable for any loss of profits, goodwill, use, data or other intangible loss even if Wikideals has been notified of such possibility in the following instances:
7.6.1. The user's inability to use the service;
7.6.2. Unauthorized access to your account resulting in the loss or damage as stated above. Wikideals will not be held liable for users not being able to view their account due to reasons beyond Wikideals control.
8.1. Wikideals has a requirement to collect and use certain personal information in order to operate. As permitted by the ECT Act, this website may use personal information collected to compile profiles for statistical purposes and trade in these profiles. No information contained in the profiles or statistics will be able to be linked to any specific user.
8.2. Except for the instance mentioned above any information which you have provided to Wikideals which is considered non-public will be treated as confidential and will only be divulged in the following instances:
8.2.1. If you have given us written permission to disclose such non-public information.
8.2.2. Such information will be disclosed in order to comply with a court order or government agency.
8.2.3. Non-public information may be shared with credit bureaus in order to determine credit history and in order to verify information on your account.
8.2.4. Any suspicious behaviour on account.
8.3. We maintain physical, electronic, and procedural safeguards to help prevent unauthorised access to your personal information. We update and test our technology frequently to improve these protections and to ensure the integrity of your personal information.
8.4. Wikideals has policies and procedures that limit employee access to your personal information to those with a business reason to have such information.
9.1. Wikideals will not be held liable for any claim or demand including reasonable attorneys fee's made by you or any third party due to or arising from violation of rights of another, your use of service, your connection to service, your violation of terms and conditions.
10.1. Wikideals will terminate your account in the following instances:
10.1.1. If such termination is requested by you, in an instance such as this you will have to give written consent to close account;
10.1.2. If it is so ordered by a Law enforcement or government agency;
10.1.3. If there has been fraudulent or illegal activity on such account;
10.1.4. If the terms and conditions have not been adhered to;
10.1.5. Deleting your password and any relevant information on your account;
10.2. You accept that any account which Wikideals deems necessary to terminate will be at Wikideals discretion and Wikideals will not be held liable by any other party due to account being terminated.
11.1. This terms and conditions will be Governed and construed in accordance with the applicable laws governing the Republic of South Africa.
11.2. The user agrees that any legal action to arise out of this agreement will be the jurisdiction of the magistrate's court as determined by the Magistrates Court act 32 of 1944, however, Wikideals reserves the right at its sole discretion to institute legal action against the sender in any competent court which may have jurisdiction entertain such action.
12.1. All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this Agreement shall remain of full force and effect. The Parties declare that it is their intention that this Agreement would be executed without such unenforceable provision if they were aware of such unenforceability at the time of execution hereof.
13.1. Neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder may be ceded, delegated or assigned by you without the prior written consent of Wikideals, save as otherwise provided herein.
14.1. You hereby undertake that no attempt will be made to copy the Wikideals system for the purpose of resale.
15. Whole Agreement
15.1. This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein.
16. TERMS OF SALE:
16.1. Coupons purchased on the Wikideals website or any microsite associated with Wikideals may be redeemed from the Merchant selling the goods/service not from Wikideals.
16.2. You acknowledge and accept that Wikideals and its officers, directors, employees, and agents is merely an intermediary as defined in the CPA between you and the Merchant. The Merchant is the seller of the good/service and the Merchant is solely responsible for redeeming goods/services purchased by you through Wikideals. Wikideals shall not be held liable for any claims, liabilities, damages, or injury arising from or related to any act or omission of the Merchant in connection with the coupon;
16.3. All coupons shall be subject to terms and condition set out herein as well as the terms and conditions set out by the merchant.( e.g. Coupons may not be used to cover shipping and handling cost s related to the goods/services sold by the Merchant, coupons may not be used for tips);
16.4. Stocks of all Coupons are limited. You cannot reserve a Coupon for purchase later. Unless and until we confirm the purchase has been completed, no purchase shall have occurred and if the maximum number of Coupons available under the relevant Deal sell out prior to you finalising your purchase, the Coupon will no longer be available for purchase.
16.5. Wikideals or the Merchant hold no liability for Coupon’s which are lost or stolen. You are solely responsible for coupons and their reference numbers.
16.6. Coupons may not be ceded to another person unless done in accordance with applicable law;
16.7. You are prohibited from duplicating or selling this coupon unless done in accordance with applicable law;
16.8. A coupon will be rendered null and void should the terms and conditions contained herein or that of the Merchant not be met;
16.9. All Coupons may only be redeemed while it is still valid, it's expiry date not being able to be extended, it being recorded for clarity that Coupons constitute promotional coupons as envisaged by Section 34 of the Consumer Protection Act 68 of 2008 ("CPA") and not pre-paid vouchers contemplated by Section 63 of the CPA (meaning that Coupons need not be valid for as long as 3 years like ordinary pre-paid gift vouchers need to be);
16.10. Wikideals will be required to verify if the coupon has been unredeemed before processing any refund request and an admin fee of R25 will be charged should the refund request be approved.
16.11. No refunds will be offered for coupons from Wikideals, should you not be satisfied with the product/service you may not ask Wikideals for a refund. Wikideals acts only as an intermediary and any claims must be directed to the Merchant.
16.12. 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.
16.13. If You are not satisfied with the Products relating to a service provided by the Merchant, You can ask the Merchant to correct the defect in the Products or ask the Merchant to refund You a reasonable portion of the price You paid for the Products having regard to the extent of the Merchant’s failure to provide a satisfactory Product.
16.14. In the event that the Merchant cannot provide the product/service you are entitled to ask the Merchant for a Refund.
16.15. All reasonable efforts are taken to ensure that the correct prices are displayed for products/services however errors can occur and you acknowledge that should a coupon be incorrectly priced you will not be entitled to purchase the incorrectly priced coupon, however, you will be refunded any monies already paid by you should you wish to not pay the correct price for the coupon.