TREATLEY SUBSCRIPTION AGREEMENT AND PLATFORM TERMS AND CONDITIONS
- INTRODUCTION
- By Subscribing to the Services, you agree to enter into a legally binding Subscription Agreement (“Agreement”) with us.
- This Agreement stipulates all terms and conditions (“Terms”) relating to your Subscription to the Service as well as your use of the Platform and by Subscribing to the Services you agree to all such Terms and acknowledge the terms of any related policies issued from time to time.
- If you do not agree with the Terms as set out herein, then we recommend that you DO NOT subscribe to the Services or continue using or accessing the Platform.
- DEFINITIONS
- Unless the context dictates otherwise, the words and expressions set forth below shall bear the meanings ascribed to them: –
- “Activation Link” means the unique web-link shared with a User intending to subscribe to the Services through the Contact Centre;
- “Applicable Laws” means all applicable laws, regulations, regulatory requirements and codes of practice of any relevant jurisdiction, as amended and in force from time to time;
- “Contact Centre” means the division of the Provider, which is responsible for inbound and outbound calls, including customer service;
- “CPA” means the Consumer Protection Act 68 of 2008;
- “Day(s)” means calendar days, unless expressly referred to as “Business Day(s)” then Business Day(s) shall refer to normal business days, being Monday to Friday, from 08:00 – 17:00, weekends and South African public holidays excluded;
- “Gift Card(s)” means a redeemable instrument or digital code issued which entitles the Subscriber to receive discounts, price reductions, or other promotional benefits when purchasing Retailer Products as outlined and subject to the Agreement;
- “Intellectual Property” means all intellectual property subsisting in, pertaining to or used on, through or by means of the Platform and Services, including, without limitation, documents, designs, Trademarks, service marks, data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.
- “Login Details” means information captured to access the Platform such as a unique username and password;
- “Minimum Spend” means the total qualifying amount a Subscriber must spend at the Selected Retailer in order to redeem each Gift Card. The Minimum Spend applies as follows:
- Tier 1: Minimum Spend of R150.00 is required to redeem each Gift Card at the Selected Retailer; or
- Tier 2: Minimum Spend of R300.00 is required to redeem each Gift Card at the Selected Retailer;
- “Month” means a calendar month, and for the purposes of this Agreement, a calendar month is defined as the period from the first Day of a given month to the last Day of that same month, inclusive;
- “Monthly Subscription Fee” means the recurring monthly fee payable in advance, by way of debit order, by the Subscriber to the Provider, in South African Rands, in exchange for access to the Platform and use of the Service. The amount of the Monthly Subscription Fee is specified in the pricing details provided by the Provider;
- “Offer” means the benefit provided under the Subscription, which consists of a set number of Gift Cards, each valued at a fixed amount, and each subject to the specified Minimum Spend. The Offer consists of:
- Tier 1: Subscribers receive 3 gift cards valued at R50 each (total value: R150); or
- Tier 2: Subscribers receive 3 gift cards valued at R100 each (total value: R300);
- “Person” means, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality;
- “Personal Information” means any information as defined in POPIA, including but not limited to:
- name and surname;
- identification number;
- physical address; and
- contact details;
- “Platform” means the Provider’s web-based platform, known as Treatley, that can be accessed by signing in on the Treatley Home Page, https://www.treatley.co.za/;
- “POPIA” means the Protection of Personal Information Act, 4 of 2013;
- “Privacy Policy” means our Privacy Policy that may be accessed on the Platform, which is supplementary and complimentary to these Terms, and which provisions are read into these Terms as if specifically incorporated herein;
- “Processing” means any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Information;
- “Provider” means Ignition Telecoms Investments (Proprietary) Limited and its subsidiaries (also referred to as “we”, “us” and “our”);
- “Retailer Product(s)” means the goods purchased or available to purchase by the Subscriber from the Selected Retailer(s) when redeeming a Gift Card;
- “Selected Retailer(s)” means any participating retailer where a Subscriber is able to redeem a Gift Card;
- “Services” means subscription-based offerings, including the obtaining and redemption of Gift Cards and other associated benefits accessible through the Platform;
- “Sites” means any third-party website and/or web-applications that showcase such third-party’s products or services, including those of Selected Retailers, referenced by the Provider or where access to such third party website and/or web-applications is facilitated by the Provider;
- “Subscriber(s)” means any Person(s) who takes all required actions, including creating a user profile and paying the Monthly Subscription Fee, to benefit from the use the Services;
- “Subscription” mean the Subscriber’s access to and use of the Services in terms of this Agreement;
- “Trademarks” means all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by the Provider in facilitating your use of the Platform and its Services;
- “Treatley Home Page” means the https://www.treatley.co.za/ webpage, serving as the point where:
- Users can access and sign into the Platform; and
- Subscribers can access the Services;
- “Users” means any Person visiting or viewing the Treatley Home Page who is not yet a Subscriber;
- “wiCODE” means the unique code associated with a Gift Card, which must be presented by a Subscriber to a Selected Retailer when redeeming the benefits assigned to that particular Gift Card; and
- “You” or “your” means the Subscriber and/or the User.
- Unless the context dictates otherwise, the words and expressions set forth below shall bear the meanings ascribed to them: –
- SUBSCRIPTION SERVICES
- Only Subscribers are permitted to access and benefit from the Services provided on the Platform.
- The Platform grants Subscribers access to its Services, allowing them to obtain Gift Cards redeemable at participating Selected Retailers in exchange for a Monthly Subscription Fee.
- Upon subscribing to the Services, the Subscriber can choose and receive up to 3 (three) Gift Cards per Month from the Selected Retailers, with a limit of one Gift Card per Selected Retailer. The Gift Card(s) are redeemable once the Subscriber meets the Minimum Spend at each Selected Retailer.
- Each Gift Card procured by a Subscriber shall be valid only for the Month in which it was acquired. The validity period of a Gift Card is limited to the Month during which the Gift Card is obtained, and any unused or unclaimed benefits associated with the Gift Card shall expire at 23:59 on the last day of that Month. The Subscriber acknowledges and agrees that no extensions or carryovers of Gift Card benefits will be granted beyond the specific Month of procurement. It is the Subscriber’s responsibility to utilise the Gift Card within its designated validity period or the Gift Card will lapse, and we shall not be liable for any loss or inconvenience resulting from the expiration of Gift Card benefits.
- The Subscriber understands that the Monthly Subscription Fee shall be due and payable monthly in advance by way of a debit order in exchange for a valid Subscription.
- By Subscribing to the Services, the Subscriber authorises us to collect the Monthly Subscription Fee by way of a debit order, on the date nominated by the Subscriber.
- Depending on the method that the Subscriber used to sign up to the Services, the payment of the Monthly Subscription Fee, by way of a debit order, will either be facilitated by us or by a third-party service provider.
- The debit order cannot be cancelled without our prior written consent and is subject to the termination provisions of the Terms.
- Should the date on which the Subscriber’s Monthly Subscription Fee is due, fall on either a Saturday, Sunday or Public Holiday, then the debit order will go off on the following Business Day.
- We reserve the right to make any adjustments to the Monthly Subscription Fee, including annual increases, at our sole discretion. These adjustments may be implemented without prior notice to the Subscriber.
- GIFT CARDS
- The Subscriber may choose and receive up to 3 (three) Gift Cards per Month from the Selected Retailers, with a limit of one Gift Card per Selected Retailer. The Gift Card(s) are redeemable once the Subscriber meets the Minimum Spend at each Selected Retailer. The Subscriber may choose one of the following Subscriptions offered by us:
Monthly Subscription Fee (per Month) Offer Minimum Spend (at each Selected Retailer) Tier 1 R50.00 3 x R50 Gift Cards (R150) R150.00 Tier 2 R100.00 3 x R100 Gift Cards (R300) R300.00 - The Subscriber will receive their selected Gift Card(s) via e-mail, SMS, or WhatsApp – whichever is their selected mode of communication.
- Gift Cards are issued as unique wiCODE’s that must be presented to the Selected Retailers to redeem their value.
- Gift Cards may be used either online or in-store. Availability of redemption methods depends on the Selected Retailer.
- Gift Cards cannot be exchanged for cash and are solely redeemable at the Selected Retailer.
- Gift Cards are only valid within the Month they are issued. They expire at 23:59 on the last day of the Month, regardless of when the Subscriber redeemed them.
- The Subscriber may select Gift Cards from the different Selected Retailers each month but are limited to one Gift Card per Selected Retailer, per month.
- Gift Cards cannot be combined with other discounts, promotions, loyalty programs, or rewards, unless specified by the Selected Retailer.
- Each Selected Retailer may have unique terms and conditions for the Gift Card use. The Subscriber is responsible for reviewing and complying with these terms.
- Gift Cards are redeemable only within South Africa at designated Selected Retailers.
- The Subscriber may choose and receive up to 3 (three) Gift Cards per Month from the Selected Retailers, with a limit of one Gift Card per Selected Retailer. The Gift Card(s) are redeemable once the Subscriber meets the Minimum Spend at each Selected Retailer. The Subscriber may choose one of the following Subscriptions offered by us:
- SELECTED RETAILERS
- Subscribers will be able to select and redeem Gift Cards at any of the following participating Selected Retailers (which may vary from time to time):
- Ackermans
- Burger King;
- Bounce Inc;
- Cape Union Mart;
- Col’Cacchio;
- Debonair’s Pizza;
- Dis-Chem Baby City;
- Dis-Chem Pharmacy;
- Fishaways;
- Footgear;
- Golfers Club;
- Hirsch’s;
- HiFi Corporation;
- Hungry Lion;
- Incredible Connection;
- iStore;
- Kauai;
- Krispy Kreme;
- Milky Lane;
- Mr. Delivery;
- Mugg & Bean;
- Nando’s;
- Netflorist;
- Ocean Basket;
- Outdoor Warehouse;
- Old Khaki;
- Panarottis
- Poetry
- RocoMamas;
- Spur;
- Sweetbeet;
- Starbucks;
- Total Energies
- Toy Kingdom;
- Toys & Babies R Us;
- Vida e caffe;
- Vodacom; and
- Wimpy.
- We reserve the right to make any adjustments to the list of Selected Retailers, at our sole discretion.
- Subscribers are encouraged to exercise due diligence when dealing with Selected Retailers and to report any issues to us.
- We undertake to respond within 48 (forty-eight) hours of receipt of a query, or as soon as possible thereafter.
- Subscribers will be able to select and redeem Gift Cards at any of the following participating Selected Retailers (which may vary from time to time):
- SUBSCRIBER DATA COLLECTION
- You will be able to subscribe to the Services online through the Treatley Home Page, alternatively through the Contact Centre.
- Should you sign up through the Contact Centre, you will be able to activate your Subscription on the Platform by accessing the Activation Link.
- When you visit the Treatley Home Page, it is not necessary to provide any Personal Information. However, our servers may, in such instances, collect the IP address of your computer or other electronic device, but not your name, phone number, email address, or any other distinguishing information. This information is aggregated to measure things such as number of visits, average time spent on page/s or page/s viewed. We use this information to determine the use of our Platforms. We assume no obligation to protect this information and may process such information without limitation.
- When you become a Subscriber to the Services, we will collect your Personal Information such as:
- Full names and surname;
- E-mail Address;
- Cellphone number;
- Banking Details; and
- Residential Address.
- You guarantee that any Personal Information provided, in terms of Clause 6.4, required to allow you access to the Platform and procurement of the Services are:
- true, accurate, current, and correct;
- will be updated by you regularly, as well as, if and when required; and
- is a full disclosure of all facts.
- Personal Information collected together with any information required to access the Platform and/or use the Services, such as Login Details, must be kept confidential. You accept full responsibility for all activities that occur under your Login Details and accept responsibility for sharing these details.
- Any use of your Login Details will be regarded as if you were the person using such information.
- In the instance where the User becomes a Subscriber through the Treatley Home Page, the Monthly Subscription Fee payable, by means of a debit order, may be facilitated by a third-party platform service provider.
- Should the User become a Subscriber, the Subscriber’s Personal Information will be captured, Processed and stored by us in terms of our Privacy Policy.
- The Subscriber consent to us using and Processing their Personal Information, in accordance with POPIA, and in order to Process the Subscriber’s Subscription as stated herein as well as for any Subscription related communication, marketing and future promotions, if opted in.
- Any Subscriptions by minors will be deemed to have been made with the necessary consent, as required in terms of Applicable Laws, of the minor’s legal guardian or parent, for us to Process the necessary Personal Information.
- Where you act on behalf of a legal entity, you warrant that you have the necessary authority and capacity to bind the legal entity to these Terms and should you be requested to provide proof of such authority, you must be able to do so within a reasonable period of time.
- PRIVACY POLICY
- To ensure that our position in relation to our data protection and privacy compliance practices are clearly communicated to you, we ask that before you share any Personal Information with us, that you read and acknowledge the terms of our Privacy Policy.
- In instances where we process certain Personal Information and such processing requires us to provide you with further information relating thereto, we will refer you to specific privacy notices which supplement the provisions of our Privacy Policy.
- Any Personal Information Processed by us will be used solely in accordance with the CPA and POPIA and will not be disclosed to a third party in contravention of POPIA.
- COOKIES
- When providing access to the Platforms, we seek to make your access easy, useful and reliable. This sometimes involves placing small amounts of information on your device. These are called “cookies”.
- These cookies cannot be used to identify you personally and are used to improve your access to, and use of, the Platform. To learn more about our use of passive means of data processing, such as the use of cookies, please make sure that you read and acknowledge the terms of our Cookie Policy.
- By subscribing to the Services, you consent to the sharing of your Personal Information with us. From time-to-time, and for purposes of account creation and/or verification on the Platform, or for the fulfilment of Services to you, we will be required to Process your Personal Information and disclose it to third parties. By accepting these Terms, you consent to this transfer and further Processing for the purposes set out above to enable us to fulfil our obligations to you.
- When you Subscribe, you opt-in to receiving communications from us on various electronic communication channels, including email, SMS or WhatsApp, for purposes of marketing and providing our products and services to you.
- All information records that you send to us using the Platform or any other electronic channels may be stored electronically by us, as well as the providers of the electronic channel.
- Although we take all reasonable steps to protect your Personal Information and maintain confidentiality, we cannot guarantee the security or integrity of any Personal Information you transmit to us online. We take reasonable steps to ensure that any third parties with whom your Personal Information is stored, where applicable, are bound by acceptable confidentiality obligations, however, it is your responsibility to familiarise yourself with our Privacy Policy and those of any relevant third-party service providers related to accessing and using the Platform and procuring the Services.
- Please take special note that if you receive any unsolicited communication, including electronic communication that appear to be from us, asking for Personal Information, financial details, credit card numbers, usernames, passwords, or verification through a link, please be aware that it is likely a fraudulent attempt to illegally access your information.
- We do not ask for this type of information by means of electronic communications and as such we ask you not to respond to these types of communications or click on any link. Doing so will place you and your Personal Information at risk and we will not be held responsible for any consequences resulting from your response to any such communication. Should you receive such communication, please immediately report it to support@treatley.co.za.
- Any electronic communication, including email, SMS, WhatsApp, telephonic messages, or mobile push notifications sent to you will be considered as having been received by you when such communication is sent, unless the contrary is proven. As such, it is your responsibility to provide, at your own expense, any access to the internet, data, or any required devices for purposes of such electronic communication. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically meet any legal requirements for such communications to be in writing.
- Should you not wish to communicate with us via any specific channel or receive any marketing and/or product or Service related information from us, you may opt-out and change your communication preferences by contacting us at support@treatley.co.za.
- TERMINATION AND CANCELLATION OF SUBSCRIPTION
- The Subscription will automatically renew for subsequent monthly periods unless the Subscriber provides a written notice of cancellation, with the cancellation taking effect at the end of the current billing cycle applicable at such time.
- We reserve the right to terminate or suspend the Subscriber’s Subscription in case of breach of any of the Terms.
- In the event of cancellation or termination, the Subscriber will no longer be entitled to access the Platform or use the Services.
- The Subscriber must cancel their Subscription by sending written notice of cancellation to support@treatley.co.za.
- The Subscriber has the legal right to cancel their Subscription and request a full refund for their initial Monthly Subscription Fee, without reason, during the 7 (seven) Days following the payment of the initial Monthly Subscription Fee, subject to the Subscriber not having downloaded a Gift Card from the Platform during this 7 (seven) Day period.
- After the lapse of 7 (seven) Days, as aforesaid, the granting of a request for a refund will be in the sole discretion of the Provider.
- Should a request for a refund be granted, we will provide a refund to the original credit card used for the payment of the Monthly Subscription Fee within 30 (thirty) Days of the refund request.
- LIMITATION OF LIABILITY
- You expressly acknowledge and agree that the Applicable Laws governing us shall at all times be applicable to your use of our Platform.
- The Platforms and all content on the Platforms, including any current or future offer of Products or Services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. We make no warranty or representation as to the availability, accuracy or completeness of the content. Neither the Provider, its affiliates, its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or Platforms, or any functionality thereof, or of any linked Site, even if we are expressly advised thereof.
- Neither you or any other person shall have any claim against us for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the use of our Platforms, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if we were negligent.
- We therefore do not guarantee that (i) the Platforms; (ii) the information, content, tools or materials included on the Platforms; (iii) our servers; or (iv) that any electronic communications sent by us will be free from viruses or other harmful components. We will not be liable for any damages of any kind arising from your use of the Platforms or from any information, content, tools or materials included on or otherwise made available to you through the Platforms, including for direct, incidental, punitive and/or consequential damages.
- Although we are committed to providing you with the best possible service, we shall not be responsible for:
- any actions or omissions by you that result in a breach of the provisions of these Terms;
- any links to other websites or web-applications from our Platforms. You also acknowledge that we cannot control the content of, or the products offered on any third party Sites;
- a denial of access to the Platforms, should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the Platforms or put the Provider in disrepute; or
- your reliance on any of the information, content, tools or materials that you obtain or gain access to from the Platforms.
- LIMITATIONS OF USE:
- You agree not to:
- use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Platform or its content;
- establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Platform without our prior consent;
- use our Platforms to process Personal Information of third parties;
- violate the privacy of any person in order to, or attempt to, gain unauthorized access to us or our Platforms, including, but without limitation through hacking, password mining or any other means;
- use our Platforms to engage in any illegal or unlawful activity;
- post content on our Platforms that is not related to any of our Products or Services, is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language;
- employ automated electronic or mechanical processes designed to negatively affect the performance and our provision of our Platforms;
- utilize our Platforms in a manner which disrupts our normal operations’
- attempt to or gain unauthorized access to our programming, coding or infrastructure; or
- circumvent, disable or otherwise interfere with security related features or features that prevent or restrict the use or enforce limitations on the use of our Platforms.
- We reserve the right to disable your profile and/or limit your access to our Platforms should there be a violation of these T’s and C’s.
- You agree not to:
- MODIFICATIONS We reserve the right to modify or amend these Terms at any given time by uploading revised Terms on the Platform.
- INTELLECTUAL PROPERTY
- You acknowledge that the Platform, inclusive of its content, graphics, user interface and the underlying scripts and software used to provide the Platform and Services, constitute Intellectual Property owned by the Provider and/or its licensors safeguarded by applicable Intellectual Property laws.
- You agree to utilise such Intellectual Property exclusively for personal, noncommercial purposes in adherence to this Agreement. Under no circumstances shall any part of the Platform’s Intellectual Property be transferred or reproduced except as expressly permitted by this Agreement. You commit not to modify, rent, loan, sell, share, distribute, or exploit the Platform or Services and its related Intellectual Property beyond the expressly authorised uses outlined in this Agreement.
- GOVERNING LAW These Terms are governed by the Applicable Laws of the Republic of South Africa, and any disputes arising from these Terms shall be resolved in respect of such Applicable Laws.
- CONTACT INFORMATION
- For more information or any Gift Card related queries, you may contact us at support@treatley.co.za or log a call at 0800100044 from Monday to Friday, 08:00 to 17:00, or Saturdays between 08:00 to 12:00.
- We undertake to respond within 24 (twenty-four) hours of receipt of a query, or soon thereafter.