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APPLICATION TERMS AND CONDITIONS

Terms of Use

The SHôPING mobile application (“Application”) was developed by Dashpay (Pty) Ltd (“Dashpay”) on behalf of mallpass (Pty) Ltd (“Service Provider”), hereinafter jointly referred to as SHôPING. The Service Provider provides the goods and services accessible through the Application.

By downloading, installing, accessing, browsing or using the Application, you agree to be bound by these Terms and Conditions of Use (“Terms”). These Terms govern the relationship between the Service Provider and the physical or legal person (“User”) that is using the Application.

Continued use of the Application will serve as confirmation that you have carefully read, understood and agreed to adhere to the Terms in full. You declare that you are at least 18 years of age and that you have full legal capacity. You agree to use the Application in accordance with the laws of the Republic of South Africa. These Terms may be amended from time to time and without notice. If you disagree with any of these Terms, you must immediately discontinue your access to and use of the Application and any services offered thereon.

Obligations of the User

The User is obligated:

  • to adhere to the provisions of these Terms and applicable laws and not to use the Application in any professional, commercial or for non-personal purposes;
  • to access and use the Application only in jurisdictions recommended by the Service Provider and be aware that no representations are made that the services and goods are available or otherwise suitable for use outside of the Republic of South Africa;
  • to provide information which is factually accurate and to promptly inform the Service Provider of any changes to such information;
  • to ensure that any products or services available through the Application meet your specific requirements before proceeding with a transaction;
  • not to engage in any unlawful activity in connection with the use of the Application;
  • not to use the Application for any purposes other than its intended use; and
  • to keep abreast of any changes to or amendments of these Terms.

Rights of the Service Provider

The Service Provider reserves the right to:

  • immediately suspend, terminate or prevent the User from using the Application if the User is in breach of the Terms; and
  • terminate, suspend and modify the Application, with or without notice to the User in its sole and absolute discretion.

Suspension and Termination

The User has the right, at any time and for any reason, to stop using the Application. Payments made by the User for services or goods before the date on which access to the Application is terminated will not be refunded.

If the Application or its services are suspended, the Service Provider may refuse to restore the functionality of the Application or services until assured that there will be no further breach of the provisions of these Terms.

SHôPING Voucher Terms (CMS)

The following terms apply to the purchase and use of the SHôPING voucher:

  • The SHôPING voucher may only be used in South Africa and will only be accepted at participating retail experience hubs as indicated on the Application from time to time.
  • The SHôPING voucher may be used to pay for goods and services at participating suppliers and merchants at participating retail experience hubs as indicated on the Application from time to time.
  • No remote redemptions of the SHôPING voucher are allowed, such as ordering via mail, telephone or internet.
  • The total rand amount of the purchases will be deducted from the value of the SHôPING voucher.
  • All transactions in excess of the SHôPING voucher balance will be declined and will be for the User’s own account.
  • The SHôPING voucher may not be used for any illegal transactions. It is the User’s responsibility to determine whether a transaction is legal or not.
  • Misuse of the SHôPING voucher may constitute fraud and may lead to prosecution.
  • The SHôPING voucher has an expiry date, which is 3 (three) years after the date of issue.
  • The SHôPING voucher may not be refunded or exchanged for cash or credit.
  • Purchase authorisation will be declined if these Terms are breached.
  • Unauthorised transactions reported by the User will be investigated after receipt of an affidavit confirming that the User did not authorise the transaction.
  • SHôPING, its affiliated companies and its duly appointed agents will not be held liable for damage, loss, theft or cloning of the SHôPING voucher or for any malfunctions with respect to in-store point of sale equipment, save for gross negligence and/or wilful misconduct on their part.
  • SHôPING, its affiliated companies and its duly appointed agents will not accept responsibility should any participating merchant decline the SHôPING voucher as a form of payment.
  • The amount registered on the SHôPING voucher will not accrue any interest.
  • The SHôPING voucher cannot be used for banking transactions and/or to pay other liabilities.
  • To the extent relevant, the purchase and use of a SHôPING voucher is governed by the standard banking rules and regulations, which shall be deemed to be incorporated herein by reference.
  • Exchange and return of merchandise purchased in whole or in part with the SHôPING voucher will be governed by the procedures and policies of the merchant and the applicable law. At the time of any exchange or return, the User must present both the merchandise receipt and proof of the SHôPING voucher.
  • The SHôPING voucher number is unique and linked to the User’s mobile number. The User may not share or otherwise transmit the SHôPING voucher number.
  • The User may not vary the terms and conditions as set out herein.
  • Should the User require any clarification and/or have any queries, the User must make use of the contact details on the SHôPING mobile application and/or website (contact via email at hello@mallpass.co.za).

Intellectual Property Rights

All content, information, photographs, illustrations, artwork and other graphic materials, names, logos and trademarks on the Application are the property of the Service Provider. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by the Service Provider.

Nothing contained on the Application should be construed as granting, by implication, estoppel, or otherwise, any licence or right of use. Misuse of any trademarks or any other content displayed on the Application is prohibited. All rights not expressly granted herein are reserved.

Furthermore, the User may not under any circumstances copy, modify, distribute, sell, lease, reverse engineer or extract the source code of any software underpinning the Application or transfer rights for any part of the Application or the software therein. The Service Provider will not hesitate to take legal action against any unauthorised usage of any intellectual property to preserve and protect its rights.

Limitation of Liability

The Service Provider shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, the Application. The Service Provider including its directors, agents, affiliates, partners, subsidiaries and employees is not liable under any circumstances:

  • for any acts or omissions by the User, no matter their origin;
  • for any incorrect or inaccurate content or information on the Application;
  • for any loss or damage caused while using the Application;
  • for the content of advertising materials, external links and other information contained on the Application; or
  • for not providing services as a result of any circumstances beyond its reasonable control.

The User hereby indemnifies the Service Provider against any loss, claim or damage which may be suffered by them or any third party arising in any way from the use of the Application.

Dashpay Limitation of Liability

Dashpay makes no warranties whether express or implied, statutory or otherwise in respect of the Application. Dashpay shall, in no circumstances, be liable to the User for any direct, indirect or consequential loss or damages whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Application, including but not limited to any other liability in terms of the Application, the function it performs or goods and services it provides.

The User hereby indemnifies and holds Dashpay harmless from any claims resulting from the User’s use of the Application, including but not limited to any loss, claim or damage which may be suffered by them or any third party arising in any way from the use of the Application.

Disclaimer

The information contained on the Application is for general information purposes only. Dashpay and the Service Provider assume no responsibility for errors or omissions in the contents on the Application. All information on the Application is provided in good faith; however, neither Dashpay nor the Service Provider makes a representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Application. The use of the Application and reliance on any information provided on it is solely at the User’s own risk.

Governing Law

These Terms and Conditions are governed by the laws of the Republic of South Africa. Should the User require any clarification and/or have any queries, the User may contact the Service Provider at hello@mallpass.co.za.