The use of the DealClick website is subject to these Terms and Conditions. Accessing and using the DealClick website or any part thereof implies that you agree to the terms and conditions applicable at any time of using the website.
Deal Click may amend these Terms and Conditions at any time and such amendments shall be effective immediately upon posting the amendments on the website. The breakdown of these applicable Terms and Conditions can be referred to below if you click on each heading.
- About us
- User Representation
- Allowed Use
- Intellectual Property
- Service/Product specific T&Cs
- Limitation of Liability
- Law and Jurisdiction
"the Dealclick website" means this website and all its pages and content, owned and operated by Dealclick and located at http://www.dealclick.co.za;
"Content" means, but not limited to text, graphics, icons, links and other similar material on the website;
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
"Intellectual Property" means copyright (including but not limited to literary-, artistic-, musical- work, photograph, sound recording, computer programs, artistic works), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets;
"Services" or "Website Services" means the provision of Content and transaction capabilities to enable you to browse the Dealclick website and purchase a Voucher for services and/or products under promotion at the Merchants;
"SMS" means Short Message Service, the common text messaging service available on cell phones and other handheld devices;
"User(s)" means the person that utilises the Voucher, which could be you or any other third party;
"Voucher" means the record made available to you after the purchase of a service and/or product via the Deaclick website that may be redeemed at the applicable Merchant, subject to the terms and conditions made available on the Dealclick website and/or Voucher itself.
Company name: Moody Blue Trade And Invest 171 (PTY) LTD t/a Dealclick ("Dealclick");
Registration number: 2011/004302/07
Directors : Tomer Shani;
Physical Address : 104 Nellie Road, Norwood 2192, Johannesburg, South Africa;
Postal Address: Same as above
Tel : +27 86 1325 425
Fax : +27 86 574 5611
Type of Business : Disclosed intermediary for Merchants that makes available to you specials, deals and/or promotions on selected services and/or products.
You represent and warrant that: (i) you are at least 18 years of age; (ii) you possess the legal right and ability to enter into a legally binding agreement with Dealclick with respect to any promotions purchased on the Dealclick website; and (iii) will use the Dealclick website in accordance with these T&Cs.ALLOWED USE OF THE DEALCLICK WEB SITE
Dealclick license to you, subject to the further terms of these T&Cs, a non-exclusive, non-transferable, limited and revocable right to use the Dealclick website to:
browse, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only; and
make legitimate purchases as allowed.
Other than as agreed to above, you may not use, copy, adapt, redistribute or modify the Content or any part thereof or frame, "mirror", data-mine or cache the Dealclick website or reverse engineer, copy, modify, re-distribute, decompile or create a derivative work of the Dealclick website or software, or any part thereof.;
Although minors may browse the Dealclick website, a minor is not allowed to enter any transaction with Dealclick or any Merchant;
You may not:-
- use bots, script or any other computer program to execute automated tasks on the Dealclick website, unless we have specifically consented thereto in writing;
- or attempt to, circumvent, disable or otherwise interfere with security-related features of the Dealclick Website or features that prevent or restrict use of the Dealclick website;
- sublicense any of the Content available from the website.;
- not assign, transfer or sublicense the rights or obligations under these T&Cs;
- use the Dealclick website or any other communication facilities of Dealclick for purposes of unsolicited communications ("Spam") or to send or publish any content that is in violation of any law or that are obscene, defamation, racist or offensive of nature or may result in the infringement of intellectual property. Dealclick does not and cannot review all communications and materials posted or uploaded to the Dealclick website and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. provide us with personal information of third parties, unless you have obtained their consent. On receipt of same we assume that you have obtained the necessary consent;
- provide us with false information;
- make any speculative, false or fraudulent purchase from the Dealclick website;
- intercept or attempt to intercept any communications submitted by a third party, including communications from us to another party;
- engage or allow any third party to engage in any conduct that may hinder the operation of the Dealclick Website;
- Your fair use and other rights (i.e. statutory rights) are in no way affected by the above.
- Hyperlinks to and from Dealclick website
- This Dealclick website may contain links to other websites operated by third parties. Dealclick does not endorse the operators and / or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party websites or guarantee that the website will be operation at all times;
- Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party website;
Hyperlinks to the Dealclick website will be allowed, subject to the following conditions:
- Submit request to hyperlink to Dealclick, reflecting the details of your organisation and particular web site that will host the hyperlink to Dealclick web site;
- On acceptance of our request you will receive a Linking Agreement to be signed and submitted to Dealclick. On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.;
- Authorisation to link to the Dealclick Web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form whatsoever between the User and Dealclick nor authorise the User to incur any liability on behalf of Dealclick;
Supply of Website Services to You:
Dealclick reserves the right to amend the website at any time without notice, which may affect the way you have accessed the Services;
We may further, without any notice and in the sole discretion of Dealclick, stop (temporarily or permanently) the Services or any part thereof for whatsoever reason, however will not infringe any rights you may have.INTELLECTUAL PROPERTY RIGHTS
The Intellectual Property available on the Dealclick website or obtained via the interaction between yourself and Dealclick is the property of - or license to Dealclick and may not be utilized outside the licensed terms as set out under these terms and conditions;
E-mail addresses, names and telephone numbers published on the Dealclick website may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no "opt-in" / permission from Dealclick to utilise same.
Dealclick would be pleased to consider requests for permission to disseminate or use Dealclick content outside the scope of the license terms set out under above, provided that our written approva1 is obtained in advance. To obtain approval please contact us at: firstname.lastname@example.org.SERVICE / PRODUCT SPECIFIC TERMS AND CONDITIONS ACCESS TO DEALCLICK WEBSITE (GENERAL): FREE REGISTRATION
In order to make purchases of services and/or products under promotion from the Dealclick website, you will need to register with us;
The information we require to register you will be supplied to you when you click on 'register'/'join'. Once you have registered an account will be opened for you ("Account"), for which you will be responsible for all consequences resulting from the use of the Account, use of the Account by others (including minors) or unauthorised use
It is your responsibility to keep your password confidential. You are responsible for managing your username and password and must notify us immediately in writing if you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure. You agree that any third party to whom your username or password is disclosed is authorised to act as your agent for purposes o the Services;
We reserve the right to close any account if any user is seen to be using it in a way that disrupt or may disrupt the Services or where an user act outside the rights under these T&Cs.
As a registered user you receive from us regular communications on new promotions.DEALCLICK ACTING AS INTERMEDIARY TO MERCHANTS
Dealclick acts as a disclosed Intermediary for Merchants. The services and/or products bought or received by you is supplied by the Merchant indicate on the Voucher, which Merchant is solely responsible for honouring any Voucher you purchase.
Each Merchant will have its own terms and conditions relating to the service and/or product purchased under promotion, and you agree to (and shall) abide by those terms and conditions. Kindly familiarise yourself with those terms and conditions which will be available to you prior to payment of your selected service and/or product or on the Voucher purchased and to make it available to the person that may use it (if that person is not you).PROMOTIONS
You will be able to view all promotions on the Dealclick website and/or email submitted to the address provided by you;
All promotional material, pictures, illustrations and descriptions used in the communication to you are based on material provided by the Merchants and Dealclick does not check the truth of the information. Dealclick has made every effort to ensure that the information supplied was correct at the time of publishing. However, Dealclick, recommends that you and / or the user of any Dealclick promotion confirms all details of the service and/or product with the Merchant when making the booking.
Each service and/or product under promotion shall have a specific promotion period, which will be clearly indicated to you on the Dealclick Website ("Promotion Period"). Take note that the Promotion Period and the period of the Voucher ("Redemption Period") is not the same. The Promotion Period only indicates the duration of the promotion where the Redemption Period indicates to you the period during which you should redeem the Voucher at the Merchant. Important: the Voucher cannot be redeemed subsequent to the Redemption Period;
It is in our discretion to decide what to promote on the Dealclick Website.
All promotions will be subject to these T&Cs and any other term or condition made available by the Merchant or presented to you on the Dealclick Website or communication;PRICING
We will endeavour to make available services and/or products with substantial discounts only, however cannot guarantee it;
The pricing per services and/or product under promotion will be presented to you on the Dealclick Website and will be applicable for the promotion period. Prices of the services and/or products under promotion are current at time of display but are subject to change;
All transactions will be processed in South African Rands (ZAR). We accept credit card payments via the Dealclick Website and on request will supply our banking details should you wish to make payment via EFT. Submit your request to email@example.com.PURCHASE AGREEMENT
Promotions presented on the Dealclick Website are invitations to do business only;
Your selection of any of the promotions and submission of your selection and payment details to Dealclick constitutes an offer to purchase the selected promotion, it is therefore your responsibility to ensure that whatever you purchase meet your specific requirements;
On receipt of your offer to purchase a selected promotion from the Dealclick Website, Dealclick shall have a right in its sole discretion to accept it or not;
On acceptance of your offer, communication of same to you and taking payment from you, an agreement will be formed between you and Dealclick in terms of the purchase of a Voucher.
TAKE NOTE: Each services and / or product has its own terms and conditions that should be read before utilisation of the service and/or product purchased. We recommend that you print and save those terms and conditions for your own records.
Subsequent to the purchase of a Voucher the Voucher will be made available to you under your account / login facility and the service and/or product under promotion purchased will be confirmed on the Voucher.
No Voucher will be available if full payment has not been received by you for the purchase of the selected service and/or product.
A reference number will be disclosed on the Voucher. If you do not receive the Voucher purchased, then kindly inform us immediately at firstname.lastname@example.org or tel: +27 86 1325 425 .
You can view or print a full record of the transaction that you may have executed by using the Dealclick Website. A transaction will be maintained for a period of 12 (twelve) months after the conclusion of the transaction on the Dealclick website.
Right to cancel: You are entitled to cancel without reason or penalty any Voucher purchased from us within 7 (seven) days from the date the agreement was concluded between you and Dealclick (see clause 6.6.4 above). Your cancellation notice must be send to :
email@example.com or fax: +27 86 574 5611. The cancellation will not be considered if you or any other third party has redeemed the Voucher purchased.
You will only be able to redeem the Voucher once the Promotion Period has lapsed;
At the time of booking with the Merchant, the reference number as indicated on your Voucher must be provided to the Merchant. If you purchase the Voucher as a gift for someone else, then kindly ensure that this person gets the reference number from you before contacting the Merchant.
The Voucher will be considered to be redeemed once the user has made a booking, reservation or appointment with the Merchant to which the Vouc her relates. If the user makes a booking, reservation or appointment with a Merchant but fails to adhere to it, the Voucher will be considered to be redeemed unless the relevant Merchant agrees otherwise. Dealclick cannot guarantee that users will be able to make a booking, reservation or appointment at particular times. It is the responsibility of the user to arrange a time for a booking, reservation or appointment directly with the Merchant.
All bookings at Merchants are subject to availability and subject to the Merchant's policies. We recommend that you contact the Merchant as soon as you have purchased the Voucher;
We will make available to you the necessary Merchant contact details to book for the purchased services or to contact the Merchant if you require more information.
The Voucher does not function as a stored-value card or cash voucher and cannot be redeemed incrementally / partly;
It is in the sole discretion of the Merchant to determine whether the Voucher can be utilised in conjunction with any other Voucher, promotion, vouchers or third party coupons or certificates.
The Voucher may not be applied to cover charges outside the scope of the Voucher;
No Voucher may be exchanged or redeemed for cash;
The Voucher expires on the date specified on the Voucher, unless otherwise communicated to you in writing.
Neither Dealclick nor the Merchant is responsible for lost or stolen Vouchers or fraudulent use of a Voucher.
Dealclick is entitled to, as agreed to with each Merchant, a share of the promotion price on each service and/or product sold via the Dealclick WebsiteSUITABILITY
You acknowledge and agree that the Merchant, and not Dealclick, is the provider of the service or product and is solely responsible for delivering as per the Voucher purchased by you.
Dealclick makes no warranty about the standard or quality of any service or product sold through the Dealclick website. All promotional materials relating to a Merchant' service or product are based on information provided by the Merchant and/or its affiliates;
Each service and/or product purchase may carry some restrictions. The User of the services and/or products are responsible to ensure that the User complies entirely with the terms & conditions of the Merchant.
Persons with disability should verify with the third party supplier whether they have the necessary facilities to accommodate the disability.CANCELLATIONS- AMENDMENTS TO BOOKINGS, EXCHANGES AND REFUNDS
Cancellations and/or amendments to bookings:
Your right or the right of the user to cancel or amend in advance bookings or reservations on a purchased service shall be addressed under each Merchant's terms and conditions.
Kindly take note that each Merchant may request a reasonable charge for cancellation of a booking or reservation, however such policies are governed by the Merchant itself.
Merchant's reserve the right to cancel and reschedule your booking due to unforeseen circumstances. Dealclick cannot be held liable for such events and we will not reimburse you for any travelling, accommodation, or other expenses incurred by you or any other third party;Exchanges & Refunds
Users may lodge complaints or problems they experience with regard the Dealclick web site or utilisation of the Voucher with Dealclick at e-mail: firstname.lastname@example.orgSECURITY
Although Dealclick is not obliged to provide security on the Dealclick website we feel it is important that your information or any communication between yourself and Dealclick is dealt with in the most secure manner reasonable possible, however because of the nature of the internet Dealclick cannot warrantee that your communications with Dealclick via the website is completely secure;
To provide adequate security to all Users of the website and to monitor activities prohibited under section 86 of the ECT Act you hereby agree to Dealclick's right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other Dealclick communication facility, e.g. email, Instant messaging – or fax to email application, subject to conditions as set out under the Regulation of Interception of Communications and Provision of Communication related information act 70 of 2002;
It is our policy to virus check documents and files before they are posted on this website. However, Dealclick cannot guarantee that documents or files downloaded from this website will be free from viruses and Dealclick do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. Further, you will not post or provide to Dealclick via this website, any document or file that may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website. You hereby indemnify Dealclick, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this website or the Dealclick or its service provider's infrastructure;
[ADD DETAILS] process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information. The Merchant does not have access to credit card details.LIMITATION OF LIABILITY
SUBJECT TO ANY CLAIMS AVAILABLE UNDER THE CONSUMER PROTECTION ACT 2008, DEALCLICK OR ITS EMPLOYEES ARE NOT LIABLE FOR ANY LOSS, DAMAGE, PERSONAL INJURY OR DEATH WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES) SUFFERED OR SUSTAINED IN CONNECTION WITH: (I) ANY INACCURATE OR INCORRECT INFORMATION PROVIDED BY A MERCHANT ON THE DEALCLICK WEBSITE; (II) ANY USE OF THE DEALCLICK WEBSITE OR CONTENT; OR (III) ANY USE OF THE PROMOTIONS PRESENTED ON THE DEALCLICK WEBSITE; OR (IV) ANY ACT OR OMISSION (WHETHER NEGLIGENT OR NOT) OF DEALCLICK OR ITS EMPLOYEES; OR (V) ANY FAILURE OR DELAY INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE DEALCLICK WEBSITE; OR (VI) THE PERFORMANCE OR NON-PERFORMANCE OF ANY MERCHANT IN CONNECTION WITH A PROMOTION, EXCEPT FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW. FOR CLAIMS THAT CANNOT BE EXCLUDED OR RESTRICTED UNDER THE CONSUMER PROTECTION ACT, THE LIABILITY OF DEALCLICK FOR SUCH A CLAIM WILL (AT DEALCLICK' OPTION AND TO THE EXTENT PERMITTED BY LAW) BE LIMITED TO: (A) IN THE CASE OF PRODUCTS: (I) REPAIRING OR REPLACING THOSE PRODUCTS; OR (II) PAYING THE COST OF HAVING THOSE PRODUCTS REPAIRED OR REPLACED; AND (B) IF THE BREACH RELATES TO SERVICES: (I) RESUPPLYING THOSE OR EQUIVALENT SERVICES; OR (II) PAYING THE COST OF HAVING THOSE SERVICES RESUPPLIED. EACH USER HEREBY AGREES TO INDEMNIFY DEALCLICK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, FOR ANY PERSONAL INJURY, ILLNESS OR DEATH, CLAIMS, LIABILITIES OR EXPENSES OF ANY KIND, INCLUDING REASONABLE ATTORNEY'S FEES (AND WHETHER ACCRUING TO THE USER, THEIR HEIRS OR PERSONAL REPRESENTATIVES) THAT ARE CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY REASON OF AN ACT OR OMISSION OF ANY RELEASED PARTY THAT ARISES OUT OF OR IN CONNECTION WITH: (I) THE USER'S USE OF THE DEALCLICK WEBSITE; OR (II) RESULTING FROM ANY VIOLATION OF THESE T&CS OR ANY TERMS AND CONDITIONS SPECIFIED BY A MERCHANT; OR (III) ANY ACTIVITY RELATED TO THE USER'S ACCOUNT (INCLUDING INFRINGEMENT OF ANY THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT); OR (IV) BY THE USER OR ANY OTHER PERSON ACCESSING DEALCLICK USING THE USER'S ACCOUNT. ECOMMUNICATIONS
Time and Place of communication, dispatch and receipt
Data Messages sent from Dealclick to you have been sent from Dealclick's place of business;
Data Messages sent from Dealclick to you is deemed to be received by you when complete message are outside the control of Dealclick (left the system of Dealclick);
Data Messages from you to Dealclick are deemed to be received by Dealclick only when Dealclick responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Dealclick that it does give legal effect to the Message;Attribution of data messages to originator
You agree and warrant that the data message sent, from any computer or device under your
Account to Dealclick was sent by you or a person that had authority to act on your behalf in respect of the data message.Dealclick communications
As a condition of purchase, we reserve the right to send you promotional and/or administrative emails and/or updates about our Services or other promotions. If you do not wish to receive these emails (take note that you then may lose out on great promotions) you can opt-out via the facility that will be made available to you under each communication, either under the word 'unsubscribe' or any similar facility.TERMINATION
These Terms and Conditions and your access to the Dealclick Website may be terminated at any time by either you or Dealclick with or without cause. All restrictions, disclaimers and limitations of liability by Dealclick will survive termination, however, you will no longer be authorised to access the Dealclick website.BREACH
If the User is in breach of the terms and conditions of this website, Dealclick reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to: order for specific performance and damages; terminate this Agreement and claim damages;
Institute criminal procedures where applicable and necessary; All costs, charges and expenses of whatsoever nature which may be incurred by Dealclick in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.GENERAL AND MISCELLANEOUS
Whole record of agreement
These T&Cs constitutes the entire understanding between you and Dealclick with regard to the subject matter hereof. No Party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein. All information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) of the ECT Act).
You acknowledge that all agreements, authorization or request under this agreement satisfies the "writing" requirement as per section 12 of the ECT Act;
For purposes of electronic communications (including electronic transactions) between you and Dealclick no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement and the purchase agreement;Waivers
No relaxation or indulgence, which Dealclick may grant to any other or failure by Dealclick to enforce strict performance of any of the above T&Cs, shall constitute a waiver of the rights of Dealclick and shall not preclude Dealclick from exercising any rights which may have arisen in the past or which might arise in future.Survival of obligations
Any provision under these terms and conditions, which contemplates performance or observance subsequent to any termination, or expiration of these T&Cs shall survive any termination or expiration of this agreement and continue in full force and effect.Severability
If any provision of these T&Cs or portion thereof, is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the T&Cs, and the remainder of these T&Cs will continue in full force and effect.Use of the site outside:
Dealclick does not represent that the contents of the Dealclick website are appropriate or available for use in countries outside South Africa. If a User chooses to access the Dealclick website from outside South Africa, the User is responsible for compliance with foreign and local laws.APPLICABLE AND GOVERNING LAW
These website terms and conditions are valid, binding, enforceable and concluded in Johannesburg, the moment you access / view the Dealclick Website and constitute the entire agreement between Dealclick and you in terms of the website usage and purchase of any Voucher and shall take precedent over any disclaimers or legal notices attached to any communications or postings received by Dealclick from you; The law of South Africa and the jurisdiction of the South African courts shall govern this Agreement and subsequent purchase agreement.
We recommend you print out a copy of these terms and conditions for your or any other User's future reference