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EL DEALS : TERMS AND CONDITIONS

1. Definitions

The following terms when used in these EL DEALS Terms of Service or any document referred to herein shall have the following meaning:
"Agreement" means these EL DEALS Terms of Service.
EL DEALS means EL DEALS Limited, a company registered in South Africa with registered office at 71 Vincent Gardens North Rd, Vincent, East London, 5247 'EL Deals Website" means any of the websites operated by EL DEALS for the provision of the Service, including, but not limited to www.eldeals.co.za and any websites of business affiliates of EL DEALS on which EL DEALS Vouchers are offered.
"Merchant" means a merchant offering to sell goods and/or services at a discounted rate via the Service.
"Order" your offer to purchase a Voucher via the Service.
"Restaurant" means a Merchant that offers food and/or beverages for sale in the course of its business and is making such food and/or beverages available to purchasers of Vouchers.
"Service" means EL DEALS, the online discount voucher service operated by "EL DEALS" via the EL DEALS Website, consisting of information and advertising services, content and transaction capabilities provided by EL DEALS affiliates of EL DEALS and other third parties. Where applicable in this Agreement any reference to usage, receipt or provision of the Services shall be deemed to include any access to and/or usage of the EL DEALS Website and any entry and participation in giveaways and prize promotions offered from time to time on the EL DEALS Website.
"We" or "Our" means EL DEALS
"Voucher" means a voucher issued by EL DEALS to you on behalf of a Merchant which entitles you to purchase the Merchant's products and/or services at a discounted rate.
"Web" means the public internet.
"You" means you, the end user of the Service. "Your" shall be construed accordingly.

2. General

This Agreement sets out the terms and conditions that apply to the provision of the Service by EL DEALS and to any Order placed on the EL DEALS Website in connection with the Service and by using the Service you agree to comply fully with it. You may only use this Service if you are 18 years of age or older. If you do not agree to this Agreement, or if you are under the age of 18, you should immediately refrain from using the Service.

As explained further in Section 19 of this Agreement, EL DEALS is acting as an agent on behalf of Merchants in providing the Service. As such, any services or products referred to on a Voucher are to be provided by the Merchant (and not by EL DEALS) and will be subject to any terms and conditions applicable to that Merchant.

3. Service Availability

You acknowledge that interruptions in the Service and/or other events may occur that are beyond the control of EL DEALS, and that EL DEALS shall not be responsible for any data lost while transmitting information on the Web or otherwise. While EL DEALS aims to make the Service accessible at all times it may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of EL DEALS, access to the Service may be interrupted, suspended or terminated from time to time.

4. Equipment, Account Management and Security

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service and you will be solely responsible for all charges related thereto. EL DEALS shall not be liable for any damage to your equipment resulting from your use of the Service. You are required to create an account in order to use the Service. This is required so we can provide you with easy access to print your Orders, view your past purchases, modify your preferences, and to ensure permissible use of the Service.

You are responsible for protecting the confidentiality of your password(s), if applicable.

5. Your Use of the Service

You shall ensure that your use of the Service will at all times be in accordance with all applicable laws. You agree not to post or transmit through the EL DEALS Website any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without EL DEALS express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in EL DEALS'S sole discretion restricts or inhibits any other end user of the Service from using or enjoying the Service is strictly prohibited. You agree not to use the EL DEALD Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of other end users of the Service to become users of other on- or offline services directly or indirectly competitive or potentially competitive with EL DEALS. For your protection, EL DEALS reserves the right, in its sole discretion, to void or reverse any transaction that EL DEALS suspects may be fraudulent. Any EL DEALS awarded in connection with such transaction may also be voided or reversed, in the sole discretion of EL DEALS.

The foregoing provisions of this Section 5 apply equally to and are for the benefit of EL DEALS, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Intellectual Property

All content located on or in the EL DEALS Website is the exclusive property of EL DEALS or is used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THE KGBDEALS WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF KGB IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and / or criminal penalties.

The EL DEALS Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and other content of EL DEALS protected by copyright. EL DEALS owns a copyright in the selection, coordination, arrangement and enhancement of all such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of EL DEALS and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the EL DEALS Website shall not be deemed to be in the public domain but rather the exclusive property of EL DEALS, unless such trademark is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of EL DEALS, unless otherwise stated.

You shall not upload, post or otherwise make available on the EL DEALS Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. EL DEALS does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the EL DEALS Website, you warrant that the owner of such material has expressly granted EL 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. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant EL DEALS the right to edit, copy, publish and distribute any material made available on the EL DEALS Website by you.

The foregoing provisions of Section 6 apply equally to and are for the benefit of kgb, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
'EL DEALS' is a trademark of EL DEALS. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the EL DEALS Website are the property of their respective owners.

7. No Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER E L DEALS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

8. Liability

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EL DEALS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU ACKNOWLEDGE THAT THE MERCHANT (AND NOT EL DEALS) IS THE PROVIDER OF ANY SERVICES OR PRODUCTS REFERRED TO IN A VOUCHER. ACCORDINGLY, IN NO EVENT SHALL EL DEALS, OR ANY PERSON OR ENTITY INVOLVED IN PROVIDING THE SERVICE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL, WITHOUT LIMITATION, APPLY TO ALL CONTENT ON THE EL DEALS WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER EL DEALS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

EL DEALS IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU, ANOTHER USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THE EL DEALS WEBSITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY EL DEALS. FURTHERMORE, EL DEALS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE IN ITS SOLE DISCRETION.

NOTHING IN THIS SECTION 8 OR ELSEWHERE IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE THE LIABILITY OF EITHER PARTY FOR (I) DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (II) FRAUDULENT MISREPRESENTATION; OR (III) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

9. Indemnity

You agree to defend, indemnify and hold harmless EL DEALS, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of your use of the Service.

10. Changes

EL DEALS shall have the right at any time to change or discontinue any aspect or feature of the Service including, but not limited to, Merchant deals, content, hours of availability and equipment needed for access or use. Further, EL DEALS may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

EL DEALS reserves the right at all times to discontinue or modify this Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this Agreement from time to time in order that you stay informed as to any such changes. If we make changes to this Agreement and you continue to use the Service, you will be deemed to have agreed to any such changes. Any deletions or modifications to this Agreement shall be effective immediately upon EL DEALS posting them on the EL DEALS Website. Any use by you of the Service after such notice shall be deemed to constitute acceptance by you of such modifications.

11. Monitoring.

EL DEALS shall have the right, but not the obligation, to monitor the content of the EL DEALS Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Service, to determine compliance with this Agreement and any operating rules established by EL DEALS, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, EL DEALS shall have the right to remove any material that EL DEALS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. Privacy

You acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. EL DEALS does not control or endorse the content, messages or information found in any Community, and, therefore, EL DEALS specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you post to EL DEALS whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by EL DEALS as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the EL DEALS Website, you grant EL DEALS the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see EL DEALS Privacy Policy which is hereby incorporated into this Agreement.

13. License Grant

By posting communications on or through the EL DEALS Website, you shall be deemed to have granted to EL DEALS a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

14. Termination

EL DEALS may terminate this Agreement and/or the provision of the Service at any time. Without limiting the foregoing, EL DEALS shall have the right to immediately terminate any of your passwords or accounts in the event of any conduct by you which EL DEALS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.

15. Survival

The provisions of this Section 15 as well as Sections 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 19 and 20 will survive termination of this Agreement.

16. Third Party Content

EL DEALS similar to any Web service provider, is a distributor (and not a publisher) of content supplied by third parties and end users. Accordingly, EL DEALS has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of EL DEALS. Subject to Section 8, neither EL DEALS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Service represents the opinions and judgments of the respective information provider, end user, or other user not under contract with EL DEALS. EL DEALS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ELDEALS by anyone other than authorized ELD EALS employee spokespersons while acting in official capacities. Under no circumstances will EL DEALS be liable for any loss or damage caused by your reliance on information obtained through ELD EALS. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through EL DEALS.

The EL DEALS Website may contain links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by EL DEALS of the contents on such third-party sites and EL DEALS hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk. Unless you have executed a written agreement with EL DEALS expressly permitting you to do so, you may not provide a hyperlink to the EL DEALS Website from any other website EL DEALS reserves the right to revoke its consent to any link at any time in its sole discretion.

17. Miscellaneous.

This Agreement, along with the terms and conditions set forth on the Voucher and the terms and conditions set forth on the face of the offer, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Except where provided in this Agreement to the contrary, a person who is not a party to this Agreement may not enforce any of its provisions under the Contracts (Rights of Third Parties) Act 1999. The consent of EL DEALS subsidiaries, affiliates, third party content providers, licensors or any other third party is not necessary for any variation (including any release or compromise in whole or in part of any liability) or termination of this Agreement. This Agreement shall be governed by South African law.

18. Applicability

By placing an Order, you make an offer to us to purchase the Vouchers you have selected on the terms and conditions stated in Clause 19 below. For more information, please view our Privacy Policy.

19. Vouchers

The Voucher you purchase via the Service is redeemable for the goods and/or services of a specific Merchant. You acknowledge and accept that the Merchant, not EL DEALS is the seller of the goods and services and is solely responsible for redeeming any Voucher you purchase. You further acknowledge and accept that EL DEALS acts as an agent on behalf of the Merchant and shall not be liable to you for the non-performance or any default of the Merchant. Your usage of Vouchers purchased by you via the Service shall be subject to the terms and conditions set forth on the EL DEALS Website that are specific to the deal being offered, the terms and conditions set forth on the Voucher, and to the following additional terms and conditions:
(i) Terms and Conditions for All Vouchers

All Vouchers printed from the EL DEALS Website or any website associated with EL DEALS are promotional Vouchers that are offered to you below their face value and are subject to the terms and conditions of EL DEALS and the participating Merchant. This Agreement incorporates by reference the legal terms and conditions set forth on the face of each Voucher and also the legal terms and conditions set forth on the face of the offer. In the event of any conflict between these Terms of Service and any terms and conditions set forth on either the face of the offer or on the Voucher itself, these Terms of Service shall prevail.

The holder and issuer of a Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant is fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect you, whether caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Vouchers are redeemable in their entirety only and may not be redeemed incrementally. You are not eligible for cash back or a credit for partial redemption of a Voucher

The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law. Neither EL DEAL nor the Merchant is responsible for lost or stolen Vouchers or a Voucher's reference number. Reproduction, sale or trade of a Voucher is prohibited unless done so in compliance with applicable law. Any attempted redemption not consistent with these Terms of Service or not consistent with applicable laws will render the Voucher null and void. Void to the extent prohibited by law.

(ii) Additional Terms and Conditions for Restaurant-Specific Vouchers

In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to Restaurant-specific Vouchers: Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer. It is at the discretion of the Restaurant to determine whether Vouchers can be combined with any other restaurant certificates, third party certificates, vouchers, or promotions. Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant. Valid for dine in only unless otherwise stated. Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant.

(iii) Additional Terms and Conditions for Non-Restaurant Merchant Vouchers

In addition to the terms and conditions set out in (i) above, the following terms and conditions shall apply to non-Restaurant Vouchers: Voucher may be applied only to goods and services sold by Merchant, and may not be applied to shipping or handling charges (unless otherwise specified). Limit one (1) Voucher per redemption. Only one Voucher can be used per Order unless otherwise specified by Merchant. Vouchers cannot be combined with any other gift certificates, third party certificates, vouchers, or promotions, unless otherwise specified by Merchant.

(iv) Terms and Conditions for Travel Vouchers

Based on the terms and conditions applicable to the sale of any travel Voucher, you may be eligible to cancel or change your reservations, but many travel Merchants do not offer the right to make cancellations or changes (even with a fee). Any fees related to such cancellation or change will be at the discretion of the Merchant and may vary greatly among the Merchants, depending on the Merchant's internal policies, the type of deal offered and the location of the deal (among other things). You agree to pay any change or cancellation fees charged to you and you acknowledge that EL DEALS has no liability with respect to these fees. EL DEALS sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and EL DEALS has no role in such determination or action on the part of the Merchant

22. Customer Support

If you wish to contact us on matters related to this policy, or any other matter related to the Service (including customer service inquiries), you can reach us using the contact details set forth below:
EL DEALS
71 Vincent Gardens North Rd, Vincent, East London, 5201
Email: Linda@eldeals.co.za