TERMS AND CONDITIONS

 

Updated: 29.07 2020

 

1.               INTRODUCTION

1.1.         By accessing and/or using www.cloudcart.online, related mobi-sites and software applications (“the Website” or “the App”) you acknowledge that you have read and agree and consent to be bound by the following terms and conditions (the “Terms and Conditions”).

1.2.         The Website is owned and operated by Cloud Cart Proprietary Limited (“we”, “us” and “Cloud Cart”).

1.3.         These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).

1.4.         By using the Website or Cloud Cart Account you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website and/or create a Cloud Cart Account only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

2.               DEFINITIONS

2.1.         In these Terms and Conditions, unless the context indicates otherwise, the following words and expressions bear the meanings assigned to them and similar expressions bear conforming meanings:

2.1.1.           “Cloud Cart” means Cloud Cart Proprietary Limited, registration number 2020/464201/07, a limited liability company duly incorporated in the Republic of South Africa;

2.1.2.           “Cloud Cart Merchant” means an individual or business that uses or participates in the Voucher System to sell or provide its Goods or Services;

2.1.3.           “Cloud Cart Voucher” means a digital voucher purchased by a Customer through the Voucher System which may be converted into a Merchant Voucher;

2.1.4.           “Customer” means a natural or juristic person who purchases a Cloud Cart Voucher and/or a natural or juristic person who redeems a Merchant Voucher;

2.1.5.           “Goods and Services” means any goods, products, items of values, services or the like that the Merchant sells to the general public;

2.1.6.            “Merchant Voucher” means a digital voucher which may be redeemed by a Customer for Goods or Services provided by a Cloud Cart Merchant;

2.1.7.           “personal information” means any information relating to a natural person, including:

2.1.7.1.            information that can be used to identify, directly or indirectly, a natural person, in particular by reference to an identifier such as a name, a phone number, an email address, an identification number, location data, an online identifier, or any other information specific to that natural person;

2.1.7.2.            a natural person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, sexual orientation or sex life;

2.1.7.3.            biometric data that can uniquely identify a natural person, such as fingerprints, facial or retina features, and DNA;

2.1.7.4.            payment information (including payment card or bank account numbers); and

2.1.7.5.            official or government identifiers that uniquely identify a natural person such as an identity number, an insurance number or passport number;

2.1.8.           “Voucher System” means the system, software, platform and infrastructure provided by Cloud Cart through which Cloud Cart Customers can purchase Cloud Cart Vouchers, convert Cloud Cart Vouchers into Merchant Vouchers and redeem Merchant Vouchers with the relevant Cloud Cart Merchant.

3.               IMPORTANT NOTICE

3.1.         These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).

3.2.         These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

3.2.1.                  may limit the risk or liability of Cloud Cart, Cloud Cart Merchants or a third party; and/or

3.2.2.                  may create risk or liability for the user; and/or

3.2.3.                  may compel the user to indemnify Cloud Cart, Cloud Cart Merchants or a third party; and/or

3.2.4.                  serves as an acknowledgement, by the user, of a fact.

3.3.         Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

3.4.         If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Cloud Cart to explain it to you before you accept the Terms and Conditions or continue using the Website.

3.5.         Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Cloud Cart in terms of the CPA.

4.               USE AND ACCESS

4.1.         These Terms and Conditions govern the access and use of the Website; your Cloud Cart Account; and the Voucher System.

4.2.         Cloud Cart permits the access and use of the Website and your Cloud Cart Account and your participation in the Voucher System subject to these Terms and Conditions.

4.3.         By accessing and/or using the Website and/or your Cloud Cart Account and/or your participation in the Voucher System, in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions contained herein.

4.4.         You must not access, use or participate in the Website, your Cloud Cart Account or the Voucher System if you do not agree to these Terms and Conditions.

4.5.         These Terms and Conditions do not relate to the Good and Services redeemed pursuant to of a Merchant Voucher nor your interactions and dealings with the relevant Cloud Cart Merchant. The Goods and Service and any and all matters relating to arising therefrom are to be governed in terms of the relevant Merchant’s terms and conditions.

4.6.         We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

5.               THE VOUCHER SYSTEM

5.1.         Cloud Cart Vouchers purchased by registered users are valid for 2 years after the purchase thereof.

5.2.         After a Cloud Cart Voucher is converted into a Merchant Voucher, such Merchant Voucher is valid for 2 years after the conversion thereof. In each case, if the Cloud Cart Voucher or the Merchant Voucher has not been used within that period, it will expire.

5.3.         Cloud Cart Vouchers cannot be used to buy other Cloud Cart Vouchers. Neither Cloud Cart Voucher nor Merchant Vouchers accrue interest and are not refundable for cash once purchased or otherwise obtained. If the Merchant Voucher value is less than the amount required to cover the purchase price of any particular Goods and Services, the will be unable to redeem the Merchant Voucher unless the relevant Merchant’s terms and conditions and systems enable you to pay, or otherwise, make up the difference.

5.4.         You agree to indemnify and hold Cloud Cart harmless for any harm due to the loss, damage or harm suffered due to the unauthorised use, distribution, conversion or redemption of a Cloud Cart Voucher or a Merchant Voucher after it has been purchased, delivered, converted or redeemed, as the case may be.

5.5.         You acknowledge and agree that Cloud Cart is not responsible and is not liable for any modification, price change, suspension or discontinuance of the Goods and Services.

6.               RETURNS

6.1.         Cloud Cart is not responsible the return of any Goods or Service. Any returns for any whatsoever are governed by the terms and conditions of the Cloud Cart Merchant from whom the Goods and Services were redeemed. Thus all returns must be organised in conjunction with the relevant Cloud Cart Merchant.

7.               REGISTRATION AND USE OF THE WEBSITE

7.1.         Only registered users may purchase Cloud Cart Vouchers and/or convert Cloud Cart Vouchers into Merchant Vouchers on the Website.

7.2.         Cloud Cart may reject your application for a Cloud Cart Account or cancel your Cloud Cart Account at any time, for any reason whatsoever, at our sole and absolute discretion.

7.3.         To register as a user, you must provide a unique username and password and provide certain information and personal details such as, but not limited to your full legal name, your current address, your phone number, a valid email address, to Cloud Cart. You will need to use your unique username and password to access the Website in order to participate in the Voucher System, to purchase Cloud Cart Vouchers, convert Cloud Cart Vouchers into Merchant Vouchers and/or redeem Merchant Vouchers for Goods and Services with Cloud Cart Merchants.

7.4.         You warrant and agree not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

7.5.         Should your personal information change, it is your responsibility to update your personal information as soon as reasonably possible to enable. We accept no responsibility or liability where incorrect or outdated information is relied upon in any stage of the voucher system.

7.6.         You agree and warrant that your username and password shall:

7.6.1.                  be used for personal use only; and

7.6.2.                  not be disclosed by you to any third party.

7.7.         For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

7.8.         You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for any purchase, conversion or redemption of any Cloud Cart or Merchant Voucher, save where the order is cancelled by you in accordance with these Terms and Conditions.

7.8.1.                  You agree to notify Cloud Cart immediately upon becoming aware of or reasonably suspecting of any unauthorised access to or use of your Cloud Cart Account, your username and password and to take steps to mitigate any resultant loss or harm.

7.8.2.                  You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Cloud Cart representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct internet users to this Website).

7.8.3.                  You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

7.8.4.                  You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Cloud Cart representative.

8.               CONCLUSION OF SALES AND AVAILABILITY OF STOCK

8.1.         Registered users may purchase Cloud Cart Vouchers through the Website. Only upon receipt of payment will a sale be complete. Should such payment fail or be reversed, Cloud Cart reserves the right to cancel, reject and/or reverse your purchase, prevent the conversion of the Cloud Cart Voucher or the redemption of a Merchant Voucher and/or suspend and/or terminate your Cloud Cart Account.

8.2.         NOTE: This is regardless of any communication from Cloud Cart stating that your order or payment has been confirmed.

8.3.         Cloud Cart Vouchers are non-refundable for any reason whatsoever.

9.               PAYMENT

9.1.         Purchases of Cloud Cart Vouchers can be made via –

9.1.1.                  credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to pause any purchase of any Cloud Cart Voucher until such time as the additional information is received by us and authorisation is obtained by us. If we do not receive authorisation, the transaction will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purchasing any Cloud Cart Voucher. You also warrant that your credit card has sufficient available funds to conclude the purchase and cover all the costs arising therefrom;

9.1.2.                  instant EFT (electronic funds transfer).

9.2.      Once you have selected your payment method, you will be directed to a link to a secure site for payment of the Cloud Cart Voucher.

9.3.      You warrant that any payment details provided by you are true, accurate and current.

9.4.      VAT is applicable to the purchase of Cloud Cart Vouchers at the rate of 15% (fifteen percent), or such other amount that is levied in terms of the Value – Added Tax Act 89 of 1991.

10.        DELIVERY OF GOODS AND SERVICE

10.1.  Cloud Cart does not provide, organise or facilitate the delivery of the Goods or Service.

10.2.  Any and all delivery or provision of the Goods and Services are governed in accordance with the terms and conditions of the relevant Cloud Cart Merchant. As such, you acknowledge and agree that Cloud Cart is not responsible for the delivery or provision of the Goods and Services, or the failure thereof.

10.3.  Notwithstanding the above, you hereby indemnify and hold Cloud Cart harmless against any loss, damage or harm suffered pursuant to or arising out of the delivery or provision of the Goods or Services, or the failure thereof.

10.4.  Additionally, Cloud Cart is not responsible for any loss or unauthorised use of the Goods and Services after delivery or provision thereof.

11.        ERRORS

11.1.  Any display, descriptions, availability, pricing and delivery of any Goods and Services are provided by Cloud Cart Merchants and as such, should there be any errors of whatsoever nature on the Website with regard to the Goods and Services, we shall not be liable for any loss, claim or expense relating to a transaction based on any error. 

11.2.  Furthermore, Cloud Cart shall not be bound by any incorrect information regarding the Goods and Services displayed on any Cloud Cart Merchant’s websites.

12.        GIFT VOUCHERS & COUPONS

12.1.  Cloud Cart may from time to time make available physical or electronic promotional or discount coupons (“Coupons”) for use on the Website towards the purchase of Cloud Cart Vouchers.

12.2.  Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

12.3.  Coupons are issued in Cloud Cart’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

12.4.  Unless specified otherwise on the specific Coupon itself:

12.4.1.          each Coupon can only be used once;

12.4.2.          only one Coupon can be used per order;

12.4.3.          only one Coupon can be used on the Website per person per promotion/campaign;

12.4.4.          Cloud Cart reserves the right to restrict and impose conditions of use of Coupons, including prescribing minimum or maximum purchase prices to which coupons can be used;

12.4.5.          a Coupon must be used for new orders and cannot be used on existing orders; and

12.4.6.          the value of the Coupon will be set off against the value of your order and the balance remaining, if any, will be payable by you.

12.5.  Coupons cannot be used to purchase other Coupons, and cannot be exchanged or refunded for cash or credit. 

12.6.  Cloud Cart is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

12.7.  You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Cloud Cart, before you are able to use a Coupon.

13.        DAILY DEALS, APP ONLY DEALS AND OTHER DISCOUNTS

13.1.  From time to time, we may offer discounted prices as part of a Daily Deal, App Only Deal, or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and Conditions and/or the Website), which define the scope of the Deal. If you purchase a Cloud Cart Voucher within the scope of a Deal, you will pay the discounted price (the “Deal Price”).

13.2.  However, if you purchase a Cloud cart Voucher in a manner that falls outside of the scope of a Deal, then you will pay the full purchase price (the “Normal Price”).

13.3.  By purchasing any Deal, you are also automatically opting in for our Deals newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

13.4.  Daily Deals

13.4.1.          At our discretion, Cloud Cart may offer, from time to time, one-day discounted prices applicable to the purchase of Cloud Cart Vouchers (“Daily Deals”).

13.4.2.          Daily Deals will only be made available and exercisable between 00:01 a.m. and 23:59 p.m., or any other times that we may decide on, for any such designated day.

13.4.3.          Notwithstanding any date or times designated by Cloud Cart for Daily Deals, Cloud Cart reserves the right to restrict the number and discounted value (per Deal or in aggregate) and prematurely Daily Deals at its sole and absolute discretion.

13.4.4.          We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Cloud Cart.

13.4.5.          Only one of each Daily Deal may be purchased per customer.

13.4.6.          Daily Deals cannot be reserved or exercised after the Daily Deal expires or is otherwise terminated.

13.5.  App Only Deals

13.5.1.          At our discretion, we may make available discounted opportunities that will only be available for purchase using the Cloud Cart software application (“the App”) which can be downloaded on IOS and Android devices. (“App Only Deals”).

13.5.2.          You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or is prematurely terminated.

13.5.3.          We reserve the right to attach any additional terms, conditions or restrictions to any App Only Deals.

13.6.                Cloud Cart may from time to time, at our sole and absolute discretion offer other promotional or discount deals, the terms and conditions of which shall be included therein.

14.        LIQUOR

14.1.  In the event that a Customer redeems a Merchant Voucher with a Cloud Cart Merchant for alcohol, it is the responsibility of the Customer to confirm the liquor licence of such Cloud Cart Merchant.

14.2.  You acknowledge that it is an offence in terms of South African liquor legislation:

14.2.1.          for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or

14.2.2.          to purchase liquor for or on behalf of any person under the age of 18 years. 

14.3.  Notwithstanding, you hereby indemnify and hold Cloud Cart harmless against any and all claim, loss, damage, harm, expense, injury or loss of life suffered due to or arising out of the purchase and/or consumption of any liquor or alcoholic beverage redeemed pursuant to a Merchant Voucher.

15.        THIRD PARTY SELLERS

15.1.  Cloud Cart only provides the mechanism through its voucher system to facilitate transactions between Cloud Cart Merchants and Cloud Cart Customers. Cloud Cart is neither the buyer nor the seller of these Goods and Service.

15.2.  The redemption of Merchant Vouchers for Goods and Service and is therefore solely between the holder of a Merchant Voucher and the relevant Cloud Cart Merchant. Cloud Cart is not a party to that transaction.

15.3.  The Cloud Cart Merchant is solely responsible for fulfilment of delivery and provision of the Goods and Services. The Cloud Cart Merchant is also solely responsible to provide an invoice to the registered user if required.

15.4.  Not all Cloud Cart Merchants are registered VAT (Value-Added Tax) vendors. Only Cloud Cart Merchants who are registered VAT vendors may charge VAT on Goods and Service sold and issue a tax invoice in respect thereof. If a Cloud Cart Merchant is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

15.5.  Similarly, in the event that the voucher holder wishes to return or claims a refund with respect of the Goods and Services, Cloud Cart is not responsible in any way for same. All returns and refund with respect to the Goods and Services are governed by the Cloud Cart Merchant’s terms and conditions.

15.6.  In the event that any Goods and Services provided by a Cloud Cart Merchant be accompanied with any warranty or guarantee, the relevant Cloud Cart Merchant shall be responsible for the provisions of such warranty or guarantee.

15.7.  You hereby acknowledge and agree that Cloud Cart makes not warranty or guarantee of any kind; either express or implied; including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, concerning the Goods or Services or the provision thereof.

15.8.  Should any dispute arise between the voucher holder and a Cloud Cart Merchant, Cloud Cart is entitled, but not obliged, to become involved in an attempt to resolve it. Any disputes must be resolved between the voucher holder and the relevant Cloud Cart Merchant.

15.9.  Cloud Cart may, from time to time, recommend, provide you access to or enable third party software, applications, products, services or website links (collectively, “Third Party Service”) for your consideration or use. Such Third Party Services are made available only as a convenience and your purchase, access and use of any such Third party Services is solely between you and the applicable third party. You use such Third Party Services at your own risk and Cloud Cart cannot be held liable for any and all claim, loss, damage, harm or expense, whether direct, indirect, incidental, special, consequential, or exemplary damages, resulting from or arising out of any interaction or transaction with any such third party.

16.        PRIVACY POLICY

16.1.  We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

16.2.  We will not, without your express consent, use your personal information for any purpose other than:

16.2.1.          in relation to the purchase, conversion and redemption of the Cloud Cart or Merchant Vouchers;

16.2.2.          to contact you regarding current, new or future offerings or services offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

16.2.3.          to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

16.2.4.          to improve our product, our processes and services and/or your experience by, for example, monitoring your browsing habits, or tracking your sales on the Website;

16.2.5.          to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the proper operation of the voucher system and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

16.2.6.          to our service providers who help with parts of our business operations (such as fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

16.2.7.          to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); or

16.2.8.          to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions.

16.3.  We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Cloud Cart is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

16.4.  We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

16.5.  Cloud Cart undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms and Conditions and Cloud Cart’s Privacy Policy, available at https://www.cloudcart.online/privacy-policy/

16.6.  Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

16.7.  If you disclose your personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than Cloud Cart, CLOUD CART SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

17.        CONFIDENTIALITY

17.1.  We will –

17.1.1.          treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms and Conditions;

17.1.2.          take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

17.1.3.          provide you with access to your personal information to view and/or update personal details;

17.1.4.          promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

17.1.5.          provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

17.1.6.          upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

17.2.  We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

17.3.  This Website makes use of cookies to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions in these Terms and Conditions.

18.        RATINGS AND REVIEWS:

18.1.  Cloud Cart may provide the opportunity to rate and/or review Goods and Services and/or Cloud Cart Merchants.

18.2.  You hereby consent to us using such rating and/or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. In making such rating and/or review, some identifying information may be reflected alongside your rating and/or review, such as your user name. If you do not agree to this, please do not make any ratings and/or reviews.

18.3.  [AS1]  You agree that Cloud Cart is free to use, reproduce, disclose, and otherwise exploit any ratings and/or review you make without attribution, payment or restriction, including to improve the Cloud Cart API or the Voucher System and to create other products and services.

18.4.  You acknowledge and agree that any ratings and/or review you make is not confidential and acknowledge that Cloud Cart will treat any such rating and/or review as non-confidential. You hereby agreed to post or include any confidential information in any rating and/or review you make.

19.        CHANGES TO THESE TERMS AND CONDITIONS

19.1.  Cloud Cart may, in its sole and absolute discretion change, amend, up-date or replace any and all of these Terms and Conditions at any time.

19.2.  Any such change, amendment, up-date or replacement will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

19.3.  It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied Cloud Cart’s current and applicable Terms and Conditions which can be viewed at https://www.cloudcart.online/terms-and-conditions/.

19.4.  Should you not be satisfied, you must not use the Website or engage further with the Voucher System.

20.        ELECTRONIC COMMUNICATIONS

20.1.  By registering for a Cloud Cart Account or participating in the Voucher System, you consent to receiving communications, including our general newsletter, from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.

20.2.  You may unsubscribe or opt-out of such communications at any time.

21.        OWNERSHIP AND COPYRIGHT

21.1.  The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in/on the Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Cloud Cart, its advertisers and/or sponsors and/or is licensed to Cloud Cart.

21.2.  You will not acquire any right, title or interest in or to the Website or the Website Content.

21.3.  Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via info@cloudcart.online

21.4.  Where any of the Website Content has been licensed to Cloud Cart or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

22.        LIMITATION OF LIABILITY

22.1.  The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information therefrom.

22.2.  You use the Website at your sole risk and Cloud Cart does not warrant that the use of the Website and/or the Voucher System will be uninterrupted, timely, secure or error-free.

22.3.  YOU HEREBY INDEMNIFY AND HOLD CLOUD CART HARMLESS AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

22.4.  CLOUD CART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGES, HARM OR INJURY WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

22.5.  Whilst Cloud Cart takes reasonable measures to ensure that the content of the Website is accurate and complete, Cloud Cart makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Cloud Cart’s representatives, Cloud Cart shall not be bound thereby.

22.6.  In addition to the disclaimers contained elsewhere in these Terms and Conditions, Cloud Cart also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner whatsoever the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Cloud Cart, its employees, agents or authorised representatives. Cloud Cart thus disclaims all liability for any damage, loss, injury, claim, expense or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

23.        LINKS TO THIRD PARTY WEBSITES

23.1.  This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Cloud Cart is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

23.2.  Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

24.        TERMINATION

24.1.  Cloud Cart may, in its sole discretion, terminate, suspend and modify this Website, with or without notice to you. You agree that Cloud Cart will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

24.2.  If you fail to comply with your obligations under these Terms and Conditions, we may, at our sole and absolute discretion, suspend and/or terminate your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

24.3.  Cloud Cart is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Cloud Cart to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Cloud Cart, in whole or in part, on notice to you. Cloud Cart accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

24.4.  At any time, you can choose to stop using the Website, with or without notice to Cloud Cart.

25.        NOTICES

25.1.  Cloud Cart hereby selects as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions:

25 Hebron Close

Kingfisher Drive

Johannesburg

2192

 

25.2.  Cloud Cart may change this address from time to time by updating these Terms and Conditions.

25.3.  Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

25.3.1.       by hand will be deemed to have been received on the date of delivery;

25.3.2.       by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

25.3.3.       by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and

25.3.4.       by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

26.    INFORMATION

For the purposes of the Electronic Communications and Transactions Act 25 of 2002, Cloud Cart’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: Cloud Cart (Pty) Ltd, a private company registered in the Republic of South Africa with registration number 2020/464201/07

Main business: Online voucher provider

Physical address for receipt of legal service (also postal and street address):

25 Hebron Close

Kingfisher Drive

Johannesburg

2191

 

Office bearers: Dustin Ebben and Jessica Berman

Phone number:+27-82-856-3294

Website address: www.cloudcart.online

Email address: info@cloudcart.online

27.        GOVERNING LAW AND JURISDICTION

27.1.  These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

27.2.  In the event of any dispute arising between you and Cloud Cart, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, Gauteng Division, Johannesburg, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

27.3.  Nothing in these Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

28.        GENERAL

28.1.  You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Notwithstanding, all the provisions of these Terms and Conditions shall be binding upon and inure to the benefit to your heirs, successors in tittle and legal representative.

28.2.  Failure or delay on the part of Cloud Cart to enforce any of its right in terms hereof shall not constitute or be deemed to be a waiver thereof and Cloud Cart shall not be prejudice or stopped from exercising any of its rights. Furthermore, no single or partial exercise of our rights preclude any other or further exercise thereof. Cloud Cart reserves the right to enforce any of its rights in terms hereof at any time and without notice.

28.3.  All provisions contained in these Terms and Conditions are, notwithstanding the manner in which they are grouped together or linked grammatically, severable from each other. If any term or condition contained herein is declared or becomes invalid, void, illegal or unlawful for any reason whatsoever, the remaining terms and conditions will remain of full force and effect.

28.4.  No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless reduced to writing and accepted by or on behalf of the parties hereto, save where Cloud Cart is entitled to do so in terms of the provisions contained herein.

28.5.  These Terms and Conditions constitute the whole agreement between you and Cloud Cart and no other warranty or undertaking is valid, unless contained in this document between the parties.

28.6.  The expiration or termination of these Terms and Conditions shall not affect those provisions in these Terms and Conditions that must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.