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Terms Of Service

1. Introduction

1.1 Flook provides information and promotes the sale of Flook Vouchers through the website.

1.2 All users and/or consumers will use the website and/or enter into an agreement with Flook on the Flook terms and conditions.

1.3 By using the website, you agree to be bound by the Flook terms and conditions in force at the time of using the website.

1.4 Flook may change the Flook terms and conditions by publishing the amended terms on the website.

1.5 If you do not agree to be bound by the Flook terms and conditions you may not use the website and/or must delete your account with Flook.

2. Definitions

In the Flook terms and conditions the following words will have the following meanings:

2.1 “Flook Sporting Deals (Pty) Ltd, a South African company (Registration number:  2016/377685/07) with registered offices at 1st Floor Mariendahl House, Newlands on Main, Claremont, Cape Town

2.2 “consumer” or “you” means a person who has entered into an agreement with Flook to purchase a Flook Voucher on the Flook terms and conditions;

2.3 “Flook terms and conditions” means these website terms and conditions, together with any policies, including but not limited to the Privacy Policy and Security Policy in force at the time;

2.4 “Flook Voucher” means a promotional voucher as more fully described in clause 4.2;

2.5 “Flook Voucher price” means the price paid by the consumer to Flook for the purchase of the Flook Voucher;

2.6 “Flook Voucher goods and/or services” means the goods and/or services that form the subject of the Flook Voucher promotion;

2.7 “promotional period” means the period specified on the Flook Voucher during which a consumer can redeem the Flook Voucher to receive the goods and/or services;

2.8 “supplier” means the supplier of the goods and/or services;

2.9 “user” or “you” means any user of the website;

2.10“website” meanswww.flook.co.za.

3. Website use and restrictions

3.1 Flook gives you a limited, revocable license to use the website subject to the Flook terms and conditions only.

3.2 Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.

3.3 You may only use the website if you are 18 years of age or older.

3.4 The website may only be used for personal, non-commercial reasons.

3.5 You may not:

3.5.1 provide any untrue or incorrect information to Flook or the website;

3.5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

3.5.3 lease, sell, assign or in any other way distribute information on the website without the prior written consent of Flook;

3.5.4 use malicious search technology, including but not limited to spiders and crawlers;

3.5.5 frame any pages of the website;

3.5.6 deep link to any pages of the website in a way to suggest that you are the owner or licencee of any intellectual property in the website;

3.5.7 use the website or linked websites, to post any material which in Flook’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, inappropriate in any way or otherwise violates any laws;

3.5.8 in any way disrupt the operations of the website, including but not limited to sending bulk email messages or spam messages.

4. Flook Voucher

4.1 Flook promotes the sale of Flook Vouchers through the website. You can only purchase a Flook Voucher through the website.

4.2 A Flook Voucher is a promotional voucher which can be redeemed at the supplier specified on the Flook Voucher to receive the Voucher goods or services at a discount price within the promotional period.

4.3 The promotional price for the goods or services is only available to the consumer within the promotional period.

4.4 If a consumer does not redeem the voucher within the promotional period, then he/she is still entitled to redeem the Flook Voucher with the same supplier for the same goods, but the promotional price will no longer be available and the consumer will have to pay the supplier the difference between the Flook Voucher price and the price of the promotional goods or services at the time of redemption of the Flook Voucher.

4.5 The supplier of the goods or services will supply the goods or services on its own terms, subject to applicable law.

4.6 In order to purchase a Flook Voucher, you need to register on the website.

4.7 Flook and the supplier will not be liable in case of a lost or stolen Voucher and will not replace it.

4.8 You may not reproduce, sell or trade Flook Vouchers.

4.9 Vouchers used for promotion are subject to terms and conditions of the promotion. Current promotion using promotional code 'flook100' is subject to a minimum spend of R 500 .

5. Registration and User Account

5.1 You do not need to register with Flook to view a product or promotion advertised on the website. However, you do need to register in order to make a purchase on the Flook website.

5.2 Flook reserves the right to reject any new registration or to cancel an existing account at any time. Cancellation will not affect the validity of a Flook Voucher purchased before cancellation.

5.3 In order to browse beyond a certain point on the site (there may be a time-based limit or a page-view limit on browsing), you will be required to sign up. You will be required to supply certain personal information to Flook. For more information about this, please refer to ourPrivacy Policy.

5.4 You must provide correct, up to date and true information to Flook. You must also update information if any of the information provided to Flook changes at any time. Flook reserves the right to close any accounts for breach of this clause without notice, including but not limited to accounts that have been registered with an invalid email address or an email address belonging to another individual.

5.5 You will be required to choose a password upon registration. Note that it is your responsibility to protect the privacy of your password. You may not provide this information to any third party and any individual to whom your password and username is disclosed will be considered authorised by you to act as an agent for you for the purposes of using the website. If you become aware of a breach of security regarding your password or personal login information, or any unauthorised use thereof, you must notify Flook immediately by email to support@flook.co.za.

6. Using the website to purchase Flook Vouchers

6.1 Flook is committed to conduct business on the applicable principles of the Consumer Protection Act 68 of 2008 (‘CPA’) and Electronic Communications and Transactions Act 25 of 2002 (‘ECT Act’).

6.2 By promoting the Flook Voucher, Flook invites you to make an offer to purchase the Flook Voucher. The agreement for the sale of the Flook Voucher is concluded when Flook sends you confirmation of receipt of the purchase price via email.

6.3 You agree that Flook will send all communications relating to your use of the website or Flook Vouchers bought through the website to the email address provided on registration. You may at any time opt out of receiving any promotional material from Flook.

7. Flook Voucher goods and/or services

7.1 Flook is not the supplier of the goods and/or services and does not guarantee the quality, usability, safety or any other aspect of the goods or services for which the Flook Voucher may be redeemed.

7.2 The supplier (and not Flook) is solely responsible for the quality, safety and availability of the goods and/or services.

7.3 Flook Vouchers must be redeemed once off and in full.

7.4 The supplier will provide the Voucher goods and or services to consumers once verified that the consumer is tendering a legitimate Flook Voucher.

7.5 If the Flook Voucher is redeemed outside of the promotional period, then the supplier may require the consumer to pay the difference between the Flook Voucher price and the price of the Flook Voucher goods and or services at the time of redemption of the Flook Voucher.

8. Flook rights and duties

8.1 Flook will use reasonable endeavours to correct any omissions or errors on the website as soon as it is practical to do so after being notified thereof. However, subject to applicable law, Flook does not guarantee that the website or Flook Vouchers will be free of errors, and we do not accept liability for any omissions or errors. Should you encounter an error, please notifysupport@flook.co.za.

8.2 While Flook endeavours to provide uninterrupted access to its website access to both may be restricted, suspended or terminated at any time and Flook does not guarantee that the user’s use of the website will be uninterrupted and further, we do not guarantee that any messages or information sent via the website will be transmitted reliably, accurately, in a timely manner or at all.

8.3 Flook reserves the right to modify, amend, substitute, suspend or remove without any prior notice any data, information or Flook Voucher on the website.

8.4 If the website is down for any reason other than terminating the website, we will attempt to restore the website as soon as reasonably possible. Flook assumes no responsibility for functionality that is dependent on the Internet browser you use, or any other third party software to operate.

8.5 Flook reserves the right to remove and/or edit any content that in our reasonable opinion may lead to a breach of the agreement, and/or to block access to same.

9. Suspension and Termination

9.1 Flook my terminate the agreement and relationship with you immediately if:

9.1.1 you commit any breach of the agreement with us;

9.1.2 we have reasonable grounds to suspect that you are committing, or may commit, any fraud against us or any person.

9.2 Flook may terminate the website at any time in which event the agreement with you will be terminated immediately. After termination you will still be able to redeem any Flook Vouchers purchased before termination.

9.3 Flook’s right to terminate the agreement with you shall not prejudice any other remedy or right we may have in law, including but not limited to institute action for damages or specific performance.

10. Indemnity

10.1All users agree to indemnify, defend and hold us harmless against any liability, loss or damage we may suffer as a result of your use of the website, a Flook Voucher, or any breach of the agreement with us.

11. Limitation of Liability

11.1 Although we shall take reasonable care to ensure the correctness of information, the website including all applications, scripts and content is provided as-is.

11.2 By using the website, you acknowledge and agree that you are downloading any content at your own risk, and the responsibility for the consequences of your usage of the content and the website lies solely with you.

11.3 Subject to applicable law, Flook shall not be liable for any direct, indirect, consequential, incidental, or economic loss or damages, including but not limited to loss of profit, loss of data, injury, loss of honour, dignity and/or goodwill resulting from the use of the website or the Flook Voucher.

12. Advertisements

12.1 Flook may in its discretion enter into agreements with suppliers to advertise or offer their goods or services through the website.

12.2 Flook will always clearly indicate the goods or services offered by companies other than us.

12.3 Any advertisements may be displayed on Flook’s behalf by third party marketing companies.

12.4 No personal information (such as name, contact details, email address, postal address, etc.) will be used during the course of serving our advertising. However, our affiliates or third party advertisers may leave or recognise a unique “cookie” on your browser. More information about this is provided in ourPrivacy Policy. These cookies will not collect personal information about you, and they are not connected to any of your personal information. Learn more about this practice, and what your choices are about not having Flook use this information, by reading ourPrivacy Policyon the website.

13. Links to other websites and links from other websites

13.1 Flook may provide links to third party websites, solely for the purpose to provide information.

13.2 Flook has no control over the content, goods or services of these websites, and will not be liable for any damages, including economic and consequential loss that you may suffer as a result of any use of these websites or these websites not being available for any reason.

13.3 It may be possible for users to access microsites (that is, auxiliary websites that are supplementary to the primary website,www.flook.co.za). This access may be made possible within or otherwise through external hyperlinks.

14. Intellectual Property Rights

14.1 We or the licensors or third party owners own all intellectual property rights (including but not limited to copyright, trademarks, patents, service marks, trade names, designs) in the website or informational material on the website or accessed through the website, including but not limited to designs, graphics and text, photos, music, software, video, sound and their arrangement and selection, and all software compilations, underlying source code and software (including scripts and applets), and it shall at all times remain the property of Flook or that of our licensors.

15. General

15.1 No Partnership/Agency:The agreement between you and Flook shall not be considered to establish a partnership, joint venture or agency relationship at any time.

15.2 Assignment:You may not delegate or assign or in any other way deal with any or all of your obligations or rights in terms of the agreement. Flook shall have the right to assign or in any other way delegate any or all of our obligations or rights to any person under this Agreement.

15.3 Force Majeure:Flook shall not be liable for any breach of the agreement in any circumstances where we are unable to carry out our obligations due to causes that are reasonably beyond our control, including but not limited to malicious damage, explosion, failure of any computer system or telecommunications devices or systems, compliance with any law, and/or accident, or by any resultant damage of such events.

15.4 Entire Agreement:The Flook terms and conditions includes all the terms agreed upon between the parties regarding its subject matter.

15.5 No Waiver:In the event of a waiver by us of any default by you in terms of the agreement it shall not be considered to be a waiver by Flook of any future defaults, regardless of whether said future default is of a same or different nature. No granting of time or other indulgence or forbearance by us to you shall not in any way discharge, release or otherwise affect your liability in terms of this Agreement.

15.6 Domicilium Citande et Executandi (‘domicilium’):You choose as domicilium address to receive all notices, the address provided to us during registration. We choose as our domicilium address our physical office at Flook Sporting Deals (Pty) Ltd, a South African company (Registration number:  2016/377685/07) with registered offices at 1st Floor Mariendahl House, Newlands on Main, Claremont, Cape Town.

15.7 Governing Law:The relationship and agreement between the parties, shall be construed and regulated in accordance with, and governed by South African law, and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.

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