Terms & Conditions

TREATLEY – SUBSCRIPTION AGREEMENT

  1. INTRODUCTION

    1. By Subscribing to the Platform, you, the Subscriber, agree to enter into a legally binding Subscription Agreement (“Agreement”) with us/we, Ignition Telecoms Investments (Proprietary) Ltd (“Provider”).
    2. This Agreement stipulates all terms and conditions (“Terms”) relating to your Subscription and by Subscribing to the Platform you agree to all such Terms and acknowledge the terms of any Platform related policies issued from time to time.
    3. If you do not agree with the Terms as set out herein or any other aspect of this Agreement or the Platform, then we recommend that you DO NOT Subscribe to the Platform.
  2. DEFINITIONS

    1. The headnotes to the clauses of this Agreement are for reference purposes only and shall in no way govern or affect the interpretation of, nor modify nor amplify this Agreement nor any clause hereof.
    2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
      1. Activation Link
        Means the unique web-link shared with a User intending to Subscribe to the Platform through the Call Centre.
      2. 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.
      3. Contact Centre
        Shall refer to the division of the Provider which is responsible for inbound and outbound calls, including customer service.
      4. Day(s)
        Shall refer to 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.
      5. Data Subject(s)
        Shall mean any person to whom any Personal Information relates, which shall include the Subscriber.
      6. 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 Terms in this Agreement.
      7. Intellectual Property
        Shall mean all intellectual property subsisting in, pertaining to or used on, through or by means of the Platform, including, without limitation, documents, designs, Trade Marks, 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.
      8. Month
        Shall mean 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.
      9. Monthly Subscription Fee
        Shall mean 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 and use of the Platform and for the purpose of redemption of the Gift Cards. The amount of the Monthly Subscription Fee is specified in the pricing details provided by the Provider.
      10. Person
        Shall mean, 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.
      11. Personal Information
        Means information relating to any Person, including but not limited to: (i) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, disability, language and birth of a Person; (ii) information relating to the education or the medical, financial, criminal or employment history of a Person; (iii) information relating to the financial affairs of a Person; (iv) credit card details and transactional data; (v) any identifying number, symbol, e-mail address, physical address, telephone number, VAT registration number or other particular assignment to a Person; (vi) correspondence sent by a Person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (vii) or opinions of another individual views about a Person; (viii) the name of a Person if it appears with other Personal Information relating to a Person or if the disclosure of the name itself would reveal information about a Person; and (ix) any other information which may be treated or defined as “Personal Information” in terms of any Applicable Laws, including any applicable
      12. Platform
        Shall mean the Provider’s web-based platform, known as Treatley, that can be accessed by signing in on the Treatley Home Page, using a unique username and password, specially designed to allow Subscribers to procure Gift Cards.
      13. POPIA
        Shall mean the Protection of Personal Information Act, 4 of 2013
      14. Privacy Policy
        Means the Provider’s 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.
      15. Processing
        Shall mean any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Information.
      16. Retailer Product(s)
        Shall mean the goods purchased or available to purchase by the Subscriber from the Selected Retailer(s) when redeeming a Gift Card.
      17. Rand
        Shall mean the official currency of the Republic of South Africa, and regulated by the South Africa Reserve Bank, the symbol “R” shall have the same meaning as the word “Rand”.
      18. Selected Retailer(s)
        Shall mean any participating retailer where a Subscriber is able to redeem a Gift Card.
      19. Subscribe
        Shall mean to take all required actions, which may include creating a user profile and the payment of the Monthly Subscription Fee, to get access to the Platform.
      20. Subscriber(s)
        Shall mean any Person(s) who Subscribed to the Platform.
      21. Subscription
        Shall mean the Subscriber’s access to and use of the Platform in terms of this Agreement.
      22. Trade Marks
        Shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilized by the Provider in facilitating the Subscriber’s use of the Platform and its Services.
      23. Treatley URL
        Means the unique link to access the Treatley Home Page which link in this regard means: https://www.treatley.co.za/ 
      24. Treatley Home Page
        Shall mean the webpage encountered upon accessing the Treatley URL, serving as the point where (1) Users can Subscribe to the Platform and; (2) Subscribers can subsequently access the Platform;
      25. Users
        Shall mean any Person visiting or viewing the Treatley Home Page who is not yet a Subscriber.
      26. wiCODE
        Shall mean 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. 
    3. Unless inconsistent with the context or save where the contrary is expressly indicated:
      1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause, effect shall be given to it as if it were a substantive provision of these Terms;
      2. any reference in these Terms to an enactment is to that enactment as at the effective date and as amended or re-enacted from time to time; and
      3. any reference in these Terms to these Terms or any other terms and conditions or document shall be construed as a reference to these Terms or, as the case may be, such other terms and conditions or document(s) as same may have been, or may from time to time be, amended, varied novated or supplemented.
    4. Unless inconsistent with the context, an expression which denotes:
      1. any one gender includes the other genders; and
      2. the singular includes the plural and vice versa.
    5. The expiration or termination of these Terms shall not affect such of the provisions of these Terms which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
  3. SUBSCRIPTION SERVICES

    1. Only Subscriber’s will be able to benefit from and make use of Gift Cards on the Platform.
    2. The Platform offers access to its Subscribers to procure Gift Cards redeemable at Selected Retailers in exchange for a Monthly Subscription Fee.
    3. Upon Subscribing to the Platform, the Subscriber shall be able to procure 3 (three) monthly Gift Cards from 3 (three) different Selected Retailers of the Subscriber’s choice.
    4. Each Gift Card is valued at R50.00 (Fifty Rand).
    5. 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 the end 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 utilize the Gift Card within its designated validity period or the Gift Card will lapse, and the Provider shall not be liable for any loss or inconvenience resulting from the expiration of Gift Card benefits.
    6. 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.
    7. By Subscribing to the Platform, the Subscriber authorizes the Provider to collect the Monthly Subscription Fee, monthly in advance, by way of a debit order, on the date nominated by the Subscriber.
    8. Depending on the method that the Subscriber used to sign up, the payment of the Monthly Subscription Fee, by way of a debit order, will either be facilitated by the Provider or by a third party service provider.
    9. The debit order cannot be cancelled without the Provider’s prior written consent and is subject to the termination provisions of the Terms.
    10. 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.
    11. The Provider reserves the right to adjust the Monthly Subscription Fee after providing reasonable notice to the Subscriber.
    12. The Provider reserves the right to make any adjustments to the Monthly Subscription Fee, including annual increases, at its sole discretion. These adjustments may be implemented without prior notice to the Subscriber.
  4. GIFT CARDS

    1. Subscribers will have the ability to choose, receive and redeem 3 (three) Gift Cards per Month in relation to their Subscription.
    2. The Subscriber will receive their selected Gift Card(s) via e-mail, SMS, or WhatsApp, whichever are the Subscriber’s selected mode of communication.
    3. The Gift Card(s) will be delivered to the Subscriber in the form of a wiCODE which is a unique Gift Card code that needs to be presented to the Selected Retailer in order to redeem the Gift Card.
    4. Unless indicated otherwise by the Provider, the redemption of a Gift Card will be subject to a minimum spend of R150.00 (One Hundred and Fifty Rand) per Gift Card at the Selected Retailer. For the sake of clarity, this means that the Gift Card provides the Subscriber with a R50 discount on Selected Retailers products purchased in excess of R150.00.
    5. The Subscriber will be able to redeem their Gift Card(s) either online (if applicable to the specific Retailer) or in-store.
    6. The Gift Cards cannot be exchanged for cash.
    7. The Gift Card will only be valid for the Month in which it was issued, whereafter it will automatically expire at 23:59 pm on the last Day of such month.
    8. Subscribers will only be allowed one Gift Card per Selected Retailer per Month.
    9. The Subscriber will not be allowed to use the Gift Card in conjunction with any discounted gift cards, promotions, or loyalty/ employee or rewards programs launched by a specific Selected Retailer.
    10. Selected Retailers may have specific terms and conditions that may apply to the Gift Cards and Subscribers are solely responsible for reviewing and complying with such terms.
    11. Gift Cards may only be redeemed nationally, within the borders of the Republic of South Africa, and only at Selected Retailers.
  5. SELECTED RETAILERS

    1. The Subscribers will be able to select and redeem Gift Cards at any one of the following participating Selected Retailers:
      1. Burger King;
      2. Debonair’s Pizza;
      3. Dis-Chem Baby City;
      4. Dis-Chem Pharmacy;
      5. Fishaways;
      6. Hirsch’s;
      7. Hungry Lion;
      8. Kauai;
      9. Krispy Kreme;
      10. Milky Lane;
      11. Mr. Delivery;
      12. Mugg & Bean;
      13. Nando’s;
      14. Netflorist;
      15. Outdoor Warehouse;
      16. Pick n Pay Clothing;
      17. Pick n Pay Liquor;
      18. Pick n Pay;
      19. Sportsmans’ Warehouse;
      20. Steers;
      21. Vida e caffe;
      22. Vodacom;
      23. Wimpy.
    2. Subscribers should note that the above list is not exhausted and may change from time to time, which changes shall be communicated to the Subscriber by their inclusion within the Platform.
    3. Subscribers are encouraged to exercise due diligence when dealing with Selected Retailers and to report any issues to the Provider.
    4. The Provider undertakes to respond within 24 (twenty-four) hours of receipt of a query, or as soon as possible thereafter.
  6. SUBSCRIBER DATA COLLECTION

    1. The User will be able to Subscribe to the Platform, either online through the Treatley Home Page by accessing the Treatley URL alternatively through the Contact Centre
    2. Should a Subscriber sign up through the Contact Centre they will be able to activate their Subscription on the Platform by accessing the Activation Link.
    3. When a User becomes a Subscriber to the Platform, the Provider will collect the Subscriber’s Personal Information such as:
      1. Full names and surname;
      2. E-mail Address;
      3. Cellphone number;
      4. Banking Details;
      5. Residential Address.
    4. In the instance where the User becomes a Subscriber through the Platform, the Monthly Subscription Fee payable, by means of a debit order, may be facilitated by a third party platform service provider (“Third Party Provider”). Therefore, the Subscriber agrees that its Personal Information, specifically information relating to the Subscriber’s banking details, will be Processed accordingly and in terms of  the Third Party Provider’s terms and conditions.
    5. Should the User become a Subscriber to the Platform through the Contact Centre, then and in such instance, the Subscriber’s Personal Information will be captured, Processed and stored by the Provider in terms of the Provider’s Privacy Policy.
    6. The Subscriber consents to the Provider using and Processing its Personal Information in accordance with POPIA 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.
    7. Any Subscriptions by minors will be deemed to have been made with the necessary consent, as required in terms of any relevant privacy laws, of the minor’s legal guardian or parent, for the Provider to Process the necessary Personal Information.
    8. The Subscriber can refer to the Provider’s Privacy Policy available at https://www.treatley.co.za/privacy-policy/ to confirm how the Provider will Process the Subscriber’s Personal Information.
      1. Any Personal Information Processed by the Provider will be used solely in accordance with the Consumer Protection Act,68 of 2008, and POPIA and will not be disclosed to a third party in contravention of POPIA.
      2. By subscribing to the Platform, the Subscriber consents to the sharing of their Personal and Special Personal Information between the Provider and its subsidiaries.
  7. TERMINATION AND CANCELLATION

    1. The Subscription will automatically renew for subsequent monthly periods unless the Subscriber provides a written notice of cancellation, with the cancellation taking effect within 30 (thirty) days of such written notice.
    2. The Provider reserves the right to terminate or suspend the Subscriber’s subscription in case of breach of any of the Terms.
    3. In the event of cancellation or termination, the Subscriber will no longer be entitled to receive, make use of or redeem any Gift Cards at Selected Retailers .
    4. The Subscriber must cancel their Subscription by sending written notice of cancellation to support@treatley.com.
    5. 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.
    6. 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.
    7. Should a request for a refund be granted, the Provider, 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.
  8. LIMITATION OF LIABILITY

    1. The Provider is not responsible for any losses, damages, or liabilities incurred by Subscribers when using the Platform or redeeming Gift Cards.
    2. By subscribing to the Platform and procuring Retailer Products by redeeming Gift Cards, the Subscriber expressly agrees to the following indemnifications:
      1. The Subscriber indemnifies and holds harmless the Provider and its Selected Retailers, their directors, employees, their agents (“Indemnified Parties”) of any and all liability pertaining to any damage, cost, injuries and losses of whatsoever nature and howsoever arising as a result of their Subscription to the Platform and downloading and redeeming of Gift Cards.
      2. Any form of transaction between the Subscriber and a Selected Retailer, even when redeeming a Gift Card and procuring Retailer Products, shall be solely between the Subscriber and such Selected Retailer and shall be subject to the Selected Retailer’s own terms and conditions.
    3. To the extent permitted by Applicable Laws, the Provider excludes and the Subscriber waives all cost, claims and resulting liability against the Provider, its employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by the Subscriber or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the accessing and / or using of the Platform save for instances of gross negligence on the Provider’s part.
    4. The Subscriber confirms that the Provider will not be responsible for:
      1. incorrect and inaccurate transcription of information;
      2. technical malfunction;
      3. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or
      4. the inability to access the Platform or online services or any other error.
  9. MODIFICATIONS

    1. The Provider reserves the right to modify or amend these Terms at any given time and will notify the Subscribers of any significant changes by uploading revised Terms on the Platform and sending a notification on the Platform that the Terms have been amended.
  10. INTELLECTUAL PROPERTY

    1. The Subscriber acknowledges that the Platform, inclusive of its content, graphics, user interface and the underlying scripts and software used to provide the Platform, constitute Intellectual Property owned by the Provider and /or its licensors safeguarded by applicable Intellectual Property laws.
    2. The Subscriber agrees to utilize 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. The Subscriber commits not to modify, rent, loan, sell, share, distribute, or exploit the Platform and its related Intellectual Property beyond the expressly authorized uses outlined in this Agreement.
  11. GOVERING LAW

    1. These Terms are governed by the Applicable Laws of the Republic of South Africa, any disputes arising from these Terms shall be resolved in respect of such Applicable Laws.
  12. CONTACT INFORMATION

    1. For more information or a copy of these Terms, 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;
    2. The Provider undertakes to respond within 24 (twenty-four) hours of receipt of a query, or soon thereafter.

By Subscribing to the Platform, you acknowledge and agree that you have read, understood and agree to be bound by these Terms.