Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.
The Operators, Hero Deals (Pty) Ltd trading as Hero Deals, reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
- Last amended 06 June 2017 at 09h00
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 “Deal(s)” and “Offer(s)” means offering Vouchers for sale on the Website or by email in exchange for Products provided by Merchants;
1.6 “Terms and Conditions” means these Terms and Conditions;
1.7 “You” and “User” means the user of the Website and the buyer of Vouchers;
1.8 “Operators”, “Us” and “We” means Hero Deals (Pty) Ltd trading as Hero Deals (registration number : 2017/264038/07), 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;
1.9 “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;
1.10 “Website” means the Website located at https://www.herodeals.co.za
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.
3. 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, register an account, subscribe to our newsletter and/or to buy a Voucher, You must be 18 years old or over and have the legal capacity to conclude legally binding contracts. By using any of the services available via the Website and/or purchasing Deals, you warrant that you are at least 18 years old and that you have the legal capacity to conclude legally binding contracts.
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.
3.7 Access to the Website is made available to you on a single user basis.
4. 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:
Hero Deals (Pty) Ltd, trading as Hero Deals
Postal address: PO Box 23416, Claremont, 7735
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.
5.1. In order to make purchases on the Website you will have to register with Us. You agree that any and all information provided by You to Us is true, accurate, current and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete then We reserve the right in our sole discretion to terminate your account.
5.2. 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.
5.3. In the event that your password is disclosed it is your responsibility to notify Us as soon as such disclosure is known.
5.4. We will not be held liable for any loss or damage suffered due to failure to comply with the above.
6. BUYING A VOUCHER
6.1 You can make use of a PayPal account or credit card when buying a Voucher on the Website.
6.2 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.
6.3 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.
6.4 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.
7. REDEEMING A VOUCHER
7.1 Once You receive the Voucher by email, you must print it out and take it with You to the Merchant.
7.2 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.
7.3 When You go to the Merchant, You must present the printed Voucher to redeem the Products.
7.4 It is the Merchant’s responsibility to provide You with the Products and, should You not be happy with the Products 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.
7.5 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.
7.6 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.
7.7 If You want to redeem your Voucher and the Merchant is unable to provide the Products, You are entitled to a refund from the Merchant.
7.8 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 Hero Deals nor the Merchant will be liable to compensate You or replace the voucher should the voucher be lost by You.
7.9 Merchants have their own applicable terms and conditions, in relation to the supply of the Products and You must find out what those terms and conditions are before You redeem your Voucher.
7.10 You may not copy the Voucher and try to redeem the same Voucher more than once.
7.11 You may not sell the Voucher to any other person but You may give it away as a gift.
8. EXPIRY OF A VOUCHER
8.1 We act purely as the intermediary/agent, the expiry date of each voucher is determined by the Merchant.
9. THE WEBSITE
9.1 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.
9.2 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.
9.3 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.
9.4 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.
9.5 We cannot assume any responsibility for lack of functionality which is dependent on your browser or other third party software
10. INTELLECTUAL PROPERTY
10.1 The Website contains copyright and other intellectual property including logos and other graphics and multimedia works that are our property.
10.2 E-mail addresses, physical and postal 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.
10.3 You may not, without our prior written consent, use our intellectual property or that of third parties for any purposes whatsoever.
11. FACTORS BEYOND OUR CONTROL
11.1 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).
12.1 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.
12.2 We may electronically collect, store and use your:
name and surname;
non-personal browsing habits and click patterns;
preferences regarding Offers;
12.3 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 12.6 below; to verify your identity when transacting with Us.
12.4 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.
12.5 As permitted by the ECT Act, this website may use personal information collected to compile profiles for statistical purposes and trade in these profiles. We may collect, use, 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.
12.6 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.
12.7 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.
12.8 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.
12.9 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.
12.10. Except for the instance mentioned above any information which you have provided to Us which is considered non-public will be treated as confidential and will only be divulged in the following instances:
12.10.1. If you have given us written permission to disclose such non-public information.
12.10.2. Such information will be disclosed in order to comply with a court order or government agency.
12.10.3. Non-public information may be shared with credit bureaus in order to determine credit history and in order to verify information on your account.
12.10.4. Any suspicious behaviour on account.
13.1. When using the Website you shall not post or send to nor from the Website, any material:
13.1.1. for which you have not obtained all necessary consents;
13.1.2. 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;
13.1.3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
13.1.4. which is aimed at soliciting users the Website to become users of other online or offline services which are directly or potentially competitors of Hero Deals.
14. COPYRIGHT AND TRADEMARKS
14.1. All content of the Website is the exclusive property or has been used with the expressed permission of the copyright/trademark owner.
14.2. 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.
14.3. By submitting material to any public area of this Website, You warrant that the owner of such material has expressly granted Hero Deals 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.
14.4. your rights will be subject to the copyright/trademark policy of the owner of the copyright/trademark which has been licensed to Us.
15. LIMITATION OF LIABILITY
15.1. We will not be held liable for dealings user’s have with Merchants which have advertisements on the Website.
15.2. Save for Us being liable to you.
15.2.1. under the Consumer Protection Act 68 of 2008 (“CPA”) as amended, in relation to the Services it provides to you via the Website and, in those rare instances where We are indicated as being the Deal merchant, the Products so marketed and supplied to you by it; and
15.2.2. under sections 43(5) and 43(6) of the ECT Act in relation to Hero Deals payment systems not being sufficiently secure,
Hero Deals 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 Website and it’s content which You or any other person access.
15.3. We 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 third party or other acts or events of the Force Majeure under applicable Law.
15.3.1. Further you accept that:
15.3.2. You use you the Website at your own risk. The service which is provided by Us is done so on a “as is” basis and “as available” basis. We and our 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.
15.4. We and our subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that:
15.4.1. The service will be uninterrupted, timely, secure or error-free;
15.4.2. The service will meet your requirements;
15.4.3. The results that may be obtained from the use of the service will be accurate or reliable
15.5. 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.
15.6. We and our 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 We have been notified of such possibility in the following instances:
15.6.1. The User’s inability to use the service;
15.6.2. Unauthorized access to your account resulting in the loss or damage as stated above. We will not be held liable for users not being able to view their account due to reasons beyond our control.
16.1. We 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.
17.1. We will terminate your account in the following instances:
17.1.1. If such termination is requested by you, in an instance such as this you will have to give written consent to close account;
17.1.2. If it is so ordered by a Law enforcement or government agency;
17.1.3. If there has been fraudulent or illegal activity on such account;
17.1.4. If the terms and conditions have not been adhered to;
17.1.5. If you password or any other pertinent information has been deleted from your account;
17.2. You accept that any account which We deem necessary to terminate will be at our discretion and We will not be held liable by any other party due to account being terminated.
18.1. This terms and conditions will be Governed and construed in accordance with the applicable laws governing the Republic of South Africa.
18.2. 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, We reserve the right at our sole discretion to institute legal action against the sender in any competent court which may have jurisdiction and entertain such action.
19.1. 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.
20.1. 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 Hero Deals, save as otherwise provided herein.
21.1. You hereby undertake that no attempt will be made to copy the Hero Deals system for the purpose of resale and commercial or non-commercial use.
22. WHOLE AGREEMENT
22.1. This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with herein.