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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” means www.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.

Competition FAQ

SPIN TO WIN COMPETITION – TERMS AND CONDITIONS

How does it work?

Shop and Buy any item on flook.co.za
Use the payment method i-Pay at checkout
Once you have paid using i-Pay, you will be given the option to Spin The Wheel
Depending on where the wheel stops, you could win one of the following prizes:

Up to R10 000 of their purchase back

  • A  voucher to the value of R1000
  • A voucher to the value of R500
  • A  voucher to the value of R200
  • A  voucher to the value of R100

1. DEFINITIONS

1.1 “Affiliates” mean (i) any Person which, directly or indirectly is Controlled by i-Pay, or Controls i-Pay; and (ii) directors, officers, employees, agents and representatives of i-Pay. "Control", as used in the preceding sentence, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise;

1.2 “Competition” means the opportunity, during the Competition Period, for an Entrant to receive one of the four Prizes listed on the competition wheel that may be spun electronically by an Entrant, as further detailed below. The foregoing opportunity would arise once such Entrant agrees to participate in the “spin to win” competition as described in clause 9 below;

1.3 “Competition Period” means each calendar day from 8 May 2018 until 16 December 2018, inclusive of 8 May 2018 and 16 December 2018;

1.4 “EFT” means Electronic Funds Transfer;

1.5 “i-Pay” means i-Pay Secure Payment Proprietary Limited;

1.6 “i i-Pay API” means i-Pay’s application programming interface, being the software and set of functions and procedures which interface with the Merchant’s systems to facilitate access to the i-Pay Platform;

1.7 “i-Pay Platform” means the set of functions and procedures developed by i-Pay which facilitate the payment by an Entrant for a good or service on a Merchant Website Platform by means of EFT;

1.8 “Merchant” means certain merchants that have agreed to participate in the Competition and act in accordance with the terms and conditions set out herein, and which is a Person which has contracted with i-Pay to provide the i-Pay Platform as an option for payment for the goods sold or services rendered on the Merchant Website Platforms;

1.9 “Person” means any natural person, firm, company, corporation, state or agency of a state, or any joint venture, partnership, association or incorporated or unincorporated body;

1.10 “Prize” means one of the following prizes set out on the competition wheel, each of which will be awarded to a Winner each, namely:

1.10.1 a voucher to the value of R100 (one hundred rand); 1.10.2 a voucher to the value of R200 (two hundred rand);

1.10.3 a voucher to the value of R500 (five hundred rand);

1.10.4 a voucher to the value of R 1000 (one thousand rand); or

1.10.5 a refund up to the value of R 10 000 (ten thousand rand) for a single purchase of goods or services offered by the Merchant on any Merchant Website 2 I-Pay Secure Payment PTY (Ltd) is a registered company| Reg number: 2013/214663/07| VAT number: 4060273309 Address JHB 205 Rivonia Road, Morningside, Sandton, Johannesburg, Gauteng, South Africa, 2196 Address CPT 113 Loop Street, 7th Floor, Inner City Ideas Cartel, Cape Town, Western Cape, South Africa, 8001 Phone JHB- Head Office +27 11 05 44 7 44 | Email info@i-pay.co.za Website http://www.i-pay.co.za 2 Platform, such purchase being completed using the i-Pay Platform and being made by the Entrant in order to spin the competition wheel, as further described in clause 9 below.

1.11 “Merchant Website Platforms” means the website/s operated by the Merchant as well as related Merchant mobi-sites and software applications. 

2. The entry of any natural persons into the Competition (the “Entrant”) and/or acceptance of a Prize by an Entrant in the event that a Prize is won (the “Winner”) constitutes binding acceptance of these terms and conditions on behalf of the Entrant and Winner, together with any persons with whom a prize is shared (the “Partner”).

3. Entrants under the age of 18 must obtain permission from their parents or guardians before entering the Competition, who must approve of and consent to the Entrant’s participation in the Competition and the receipt / possession of a Prize to the extent that the Entrant becomes a Winner.

4. The Competition is not open to –

4.1 directors, members, shareholders, agents, consultants or employees of i-Pay or the Merchant; or

4.2 the spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the Persons specified in 4 above; or

4.3 the suppliers of any goods or services in respect of the Competition.

5. An Entrant may not win a Prize if it is unlawful for i-Pay to provide a Prize to an Entrant. In the event that an Entrant does win a Prize, and it is unlawful for such Entrant to win a Prize, the Entrant concerned will forfeit the Prize. 6. The data costs, or any other costs, incurred by an Entrant in purchasing goods or services on any Merchant Website Platform in the ordinary course outside of the Competition Period will apply during the Competition Period. 7. It is the responsibility of all Entrants to ensure that their entry is received by i-Pay prior to the closure of the Competition. Any entries which are not received during the Competition Period will not be eligible to participate, regardless of the reason. i-Pay is not responsible for any entries which are not received by i-Pay, whether timeously or at all, regardless of the cause thereof. Without limitation, i-Pay and its Affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or 3 I-Pay Secure Payment PTY (Ltd) is a registered company| Reg number: 2013/214663/07| VAT number: 4060273309 Address JHB 205 Rivonia Road, Morningside, Sandton, Johannesburg, Gauteng, South Africa, 2196 Address CPT 113 Loop Street, 7th Floor, Inner City Ideas Cartel, Cape Town, Western Cape, South Africa, 8001 Phone JHB- Head Office +27 11 05 44 7 44 | Email info@i-pay.co.za Website http://www.i-pay.co.za 3 other device or medium), or any combination thereof, or any other technical or other problems experienced by an Entrant when entering the Competition.

8. i-Pay and its Affiliates are not responsible for any injury or damage to an Entrant or any other Person’s computer, mobile telephone or other device used by an Entrant to enter into, or obtain any materials related to, the Competition.

9. The Competition shall take place as follows:

9.1 Once an Entrant has chosen to pay with i-Pay on a Merchant Website Platform they will have the opportunity to click on the “spin to win” icon on the i-Pay payment site. This will open up a new window for the Competition page, however on the Competition page the Entrant will not be able to spin the competition wheel until they have completed the payment for their goods or services;

9.2 Once payment has been successfully completed by the Entrant, such Entrant will be presented with another option to enter the Competition (by clicking on a showcased icon) or else have the option to return to the Merchant Website Platform;

9.3 Once the Entrant has clicked on the “spin to win” icon, the Entrant will have the opportunity to spin the competition wheel; 9.4 Each Entrant will only be eligible to receive one Prize in the Competition during the Competition Period.

10. It should be emphasised that the competition wheel is merely a depiction of the Prizes that can be won by an Entrant, and the reflection of Prizes on the wheel (or amount of times that the competition wheel is spun by an Entrant) are in no way a reflection of the chances of success of winning for each Entrant.

11. An Entrant is allowed to complete as many purchases (in accordance with the procedure set out above) during the Competition Period as the Entrant wishes to, and each of these completed purchases shall constitute an entry into the Competition.

12. The Prize may not be deferred, changed or exchanged for any other item.

13. i-Pay does not make any representations or give any warranties, whether expressly or implicitly, as to a Prize, and in particular, but without limitation, makes no representations and gives no warranty that –

13.1 An Entrant’s entry or participation in the Competition will necessarily result in such Entrant winning a Prize; or

13.2 a Prize, or any aspect thereof, will meet an Entrant’s or, if applicable, an Entrant’s partner’s, requirements, preferences, standards or expectation.

14. The Merchant will notify winners by means of the contact details provided to the Merchant when a purchase is made on a Merchant Website Platform during the Competition Period. If 4 I-Pay Secure Payment PTY (Ltd) is a registered company| Reg number: 2013/214663/07| VAT number: 4060273309 Address JHB 205 Rivonia Road, Morningside, Sandton, Johannesburg, Gauteng, South Africa, 2196 Address CPT 113 Loop Street, 7th Floor, Inner City Ideas Cartel, Cape Town, Western Cape, South Africa, 8001 Phone JHB- Head Office +27 11 05 44 7 44 | Email info@i-pay.co.za Website http://www.i-pay.co.za 4 such preliminary winner agrees to accept the Prize subject to these terms and conditions, he/she will be a Winner in the Competition.

15. i-Pay may invite a Winner to be present when the Prize Winners are determined or announced, to participate in any marketing activities of i-Pay, to appear in person in the electronic media and/or the print media, and/or to endorse, promote or advertise any of the goods sold or services rendered by i-Pay, for which no fee, royalty or other compensation will be payable. The Winner may decline such an invitation.

16. The Prize payable to the Winners as a Prize in relation to the Competition will be made within 30 (thirty) calendar days of the publication of the Winners by i-Pay, or such other time period that is communicated to the Winners by i-Pay.

17. i-Pay may require a Winner to provide i-Pay with such additional information and documentation as i-Pay may reasonably require in order to process, confirm and facilitate a Winner’s acceptance of a Prize. If a Winner refuses to provide i-Pay with the requested information or documentation, such Winner will forfeit the Prize.

18. i-Pay reserves the right to vary, postpone, suspend, or cancel the Competition and any Prizes, or any aspect thereof, without notice at any time, for any reason which i-Pay deem necessary. In the event of such variation, postponement, suspension or cancellation, i-Pay agrees to waive any rights, interests and expectations that any Entrants or Winners may have in terms of the Competition and acknowledge that no Entrant or Winner will have any recourse against i-Pay or any Affiliates.

19. The Entrants agree that participation in the Competition, and acceptance and/or use of a Prize, or any aspect thereof, is at their own risk.

20. i-Pay and its Affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by any Entrant’s participation in the Competition or the acceptance and/or use by an Entrant, or such Entrant’s partner (if applicable), of any Prize, or by any action taken by i-Pay in accordance with these terms and conditions.

21. All Entrants, and in the event of an Entrant’s death, an Entrant’s family, dependants, heirs, assignees or any other beneficiaries of an Entrant’s estate, indemnify and hold i-Pay and its Affiliates harmless against any claim by an Entrant, or an Entrant’s partner (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which an Entrant or its partner may suffer, howsoever arising, in relation to such Entrant’s entry into the Competition and/or acceptance and/or use by such Entrant of a Prize.

22. If an Entrant fails or, if an Entrant’s partner (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which i-Pay may have, –

22.1 Such Entrant will be automatically disqualified and such Entrant will forfeit a Prize (in the event that such Entrant has already won a Prize); 5 I-Pay Secure Payment PTY (Ltd) is a registered company| Reg number: 2013/214663/07| VAT number: 4060273309 Address JHB 205 Rivonia Road, Morningside, Sandton, Johannesburg, Gauteng, South Africa, 2196 Address CPT 113 Loop Street, 7th Floor, Inner City Ideas Cartel, Cape Town, Western Cape, South Africa, 8001 Phone JHB- Head Office +27 11 05 44 7 44 | Email info@i-pay.co.za Website http://www.i-pay.co.za 5

22.2 An Entrant and / or Winner will pay i-Pay for any loss or damage incurred by i-Pay directly or indirectly as a result of (or, if applicable, a partner's) non-compliance, including all of i-Pay’s legal costs (including attorney and own client costs) which iPay may incur in taking any steps pursuant to an Entrant and / or Winner’s (or partner’s) non-compliance; and 22.3 Such Entrants and Winners indemnify and hold i-Pay harmless against any claim by any Person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to such Entrants’ or Winners’ failure (or that of your partner, if applicable) to comply therewith.

23. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa. 24. i-Pay’s decision on any matter concerning the Competition and/or arising out of these terms and conditions is final and binding on all Entrants and Winners.

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