1. Introduction / User Acceptance

Thank you for choosing VoucherVille. Please read these terms and conditions of use carefully before using or obtaining any information, content, products or services through this site.

By accessing or using the VoucherVille website or any of our applications through whatever platform ("Our Website"), you agree to be bound by these terms and conditions ("Terms"). If you do not accept all of these Terms, then please do not use Our Website. We reserve the right at any time, at our sole discretion, to modify these Terms without prior notice, and your continued use of Our Website signifies your acceptance of the updated Terms.

2. The Scope of Our Service

VoucherVille provides businesses and individuals offering products and services ("Merchants") with the ability to issue and redeem gift vouchers and discount vouchers ("Vouchers") and using these Vouchers the ability to monitor their marketing channels. In addition VoucherVille allows Merchants to find and manage their relationship with businesses and individuals who recommend or advertise Merchants offerings ("Referrers") and collect and distribute the financial compensation ("Payout") owing between the Merchants and the Referrers ("Our Customers"). VoucherVille also enables Referrers to find and manage their relationship with Merchants.

VoucherVille provides a service to Our Customers only and accordingly accepts no liability for any injury, loss, claim, illness, harm, death or damage of any kind which you may suffer as a result of any act or omission on the part of or the failure of Our Customers to fulfil their obligations, whether in relation to providing of a service or product or accepting or honouring their obligations by businesses and individuals presenting vouchers ("Voucher Holders") for redemption or otherwise. Vouchers created using VoucherVille or displaying the VoucherVille logo ("VoucherVille Vouchers") are issued by Our Customers and all obligations, legal or otherwise, rest with Our Customers. Voucher Holders making use of VoucherVille accept that they enter into a contractual relationship with Our Customers and any right of recourse they may have rests with Our Customers. VoucherVille provides Voucher Holders, on behalf of Our Customers, with information and details relating to their Vouchers. This information may be made available on Our Website, via email, by telephone or via sms and is provided to Voucher Holders as a service to Our Customers.

3. Age and Responsibility

By accessing or using Our Website you warrant:

• that you are of sufficient legal age to create binding legal obligations;
• that all information supplied by you to VoucherVille is true, accurate, current and complete;
• that you safeguard your account information, be responsible for any use of your account and accept responsibility for all activities that occur under your account.

4. Ownership & Copyright

The content including text, graphics, button icons, audio and video clips, digital downloads, data compilations, other material and software ("The Content") together with the collection, arrangement and the compilation of The Content is copyrighted to VoucherVille. The Content may not be copied, reproduced, sold, displayed, republished, uploaded, posted, transmitted or distributed without the prior written permission of VoucherVille, except that you may download, display and print The Content presented by Our Website for your personal, non-commercial use only. If you do so, you may not modify the Content in any way, and you must retain all copyright and trademark notices, including any other proprietary notices, contained in The Content, and you must not obscure, alter or delete any such notices. Other product, company names, logos and trademarks contained in Our Website are the property of their respective owners and are mentioned in Our Website for identification purposes only.

5. Use of Our Website

VoucherVille grants you a limited, non-transferable license to access and make use of Our Website in accordance with the Terms of this agreement. Additionally, you agree not to:

• Access, monitor or copy any of the web pages, data or The Content using any "robot", "spider", "screen scraper" or other automated means or any manual process, for any purpose without the prior written consent of VoucherVille;
• "frame", "mirror" or otherwise incorporate any part of Our Website into any other website without our prior written consent of VoucherVille;
• interfere or attempt to interfere with the proper working of Our Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable load on our computer or network equipment;
• upload or transmit to Our Website software or computer programming routines that may damage, interfere or attempt to interfere with, the normal operation of Our Website;
• post or transmit via Our Website any unlawful, harmful, libellous, abusive, threatening, harassing, defamatory, vulgar, obscene, profane, hateful, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate the rights of others, or otherwise violate any local, national or international law;
• violate the restrictions found in any of our page headers or our search engine exclusion file on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
• post false or misleading information on Our Website;
• promote, sell or imply that VoucherVille is endorsing your services or products, through the use of Our Website;
• translate into any language or computer language, reverse engineer or create derivative works from, The Content or any part of Our Website;

VoucherVille may, at our sole discretion, at any time and without notice or liability, suspend, terminate or restrict your access to Our Website.

6. Disclaimer of Warranties and Limitation of Liability

Our Website and all information, content, materials, products, software and services included on or otherwise made available to you through Our Website are provided by VoucherVille on an "as is" and "as available" basis. VoucherVille makes no representations or warranties of any kind, express or implied, as to the operation of Our Website or the accuracy, completeness, currency or reliability of any of the information, content, materials, products, software or services included on or otherwise made available to you through Our Website. Although we exercise reasonable efforts, VoucherVille does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, displayed on Our Website or included within communications with VoucherVille or Our Customers, as much of this information is provided by Our Customers. VoucherVille expressly disclaim any representation or warranty that Our Website will be free of viruses, that our services will be available uninterrupted and communications to or from Our Website will be secure and not intercepted. You expressly agree that your use of Our Website is at your own sole risk.

In no event shall VoucherVille be liable for any injury, loss, claim, damage, or any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind, whether based on a theory of negligence, contract , tort, strict liability, or otherwise, which arise out of or are in any way connected with (i) any use of Our Website or content found therein, (ii) any failure or delay, or (iii) the performance or non-performance by VoucherVille, its agents or Our Customers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

The Merchants and Referrers using VoucherVille are independent contractors and not agents or employees of VoucherVille. VoucherVille shall not be held liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such contractor or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

If, despite the limitation above, VoucherVille is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitations or exclusions of liability above, then VoucherVille liability will in no event exceed the greater of the service fees earned by VoucherVille in connection with such transaction, or R200.

7. Indemnification

You agree to defend and indemnify VoucherVille and their agents, and each of their respective officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of this agreements, your use of Our Website, your violation of any law or the rights of any third party.

8. Privacy

Please review our Privacy notice, the terms of which are incorporated herein, to understand our practices. You consent to the use of your personal information in accordance with the terms of and for the purposes set forth in the VoucherVille Privacy Policy.

9. Vouchers

Vouchers created using VoucherVille or displaying the VoucherVille logo ("VoucherVille Vouchers") are issued by Our Customers and all obligations, legal or otherwise, rest with Our Customers. Voucher Holders making use of VoucherVille accept that they enter into a contractual relationship with Our Customers and any right of recourse they may have rests with Our Customers. VoucherVille may provide Voucher Holders, on behalf of Our Customers, with information and details relating to their Vouchers. This information may be made available on Our Website, via email, by telephone or via sms and is provided to Voucher Holders as a service to Our Customers.

Vouchers issued by Our Customers contain terms and condition relating to their use ("Voucher Terms") and Merchants acceptance of the Vouchers as a form of payment, discount or a value add. Vouchers issued by Our Customers form part of a contract initiated between Voucher Holders and Our Customers. VoucherVille acts as a service provider to Our Customers and bears no obligation to Voucher Holders.

Vouchers issued by Our Customers may not be sold, transferred, copied made available to other parties on the internet or reproduced by Voucher Holders, except for the transfer of gift vouchers between connected parties.

In the unlikely event of Our Customers cancelling or making changes to issued Vouchers and their Voucher Terms, we will make all reasonable effort to advise you as soon as possible. Vouchers are issued by Our Customers and all obligations, legal or otherwise, rest with Our Customers.

10. Vouchers purchased using VoucherVille payment service - Voucher Holders agree to:

Upon submitting a purchase request Voucher Holders authorize VoucherVille to facilitate the purchase of Vouchers, on your behalf, including taking payment and issuing Vouchers, on Our Customers behalf. You agree to make the necessary payments via bank transfer or direct deposit into VoucherVille's bank account or you agree that your credit card will be charged by VoucherVille for the stipulated amount.

By making a purchase with Our Customers, you accept and agree to the relevant refund and cancellation policies of Our Customers and to any additional terms and conditions of Our Customers that may apply to services rendered and/or products offered by Our Customers, these terms and conditions can be obtained from Our Customers.

Whilst we have made every effort to ensure accuracy, some errors might still occur and we reserve the right to correct or amend Vouchers. Once aware of such incidents we will make all reasonable effort to advise you within 2 working days. In the event of a price correction to a Voucher, we will offer you the opportunity to keep your Voucher at the correct price, or at your option, we will cancel your purchase without penalty. This right applies whether or not the Voucher has been issued and/or payment received.

11. Relationship to other agreements

Merchants and Referrers have additional terms and conditions that apply to them. Please review our Merchants & Referrer Terms of Service, the terms of which are incorporated herein, to understand our practices.

12. General

These terms and conditions shall be governed in accordance with the laws of the Republic of South Africa. You hereby consent to the exclusive jurisdiction of the courts of South Africa in respect of any disputes of any sort that might arise between you and VoucherVille.

You agree that no joint venture, partnership, agency, or employment relationship exists between you and VoucherVille as a result of this Agreement or the use of Our Website.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the parties with regard to the subject matter hereof.

If any part of this Agreement is found to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Our failure or delay in enforcing any provision of this agreement at any time does not waive our right to enforce this agreement in the future.