SPAR Rewards Terms & ConditionsIMPORTANT NOTICE
(1) Please read these terms carefully. Your use of our electronic voucher services (including via any of our web sites) will be subject to the current version of these terms published on our web site at www.spar.co.za and me.spar.co.za at the time of your use. If you do not accept these terms, you may not use our electronic voucher services and we may refuse to redeem electronic vouchers issued to you.
(2) Our terms contain specific provisions to limit our liability, allocate risk or liability to you or acts an acknowledgement of certain facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.
PART A: COMPANY INFORMATION
For your convenience, we have listed below some details about ourselves:
· We are The SPAR Group Ltd (registration number: 1967/001572/06), a private company incorporated according to the laws of the Republic of South Africa.
· Our chief executive officer is Mr GO O’Connor
· Our Board of Directors is available at: http://www.spar.co.za/About-spar.aspx
· Our postal address is P.O.Box 1589, Pinetown, 3600
· Our registered address is 22 Chancery Lane, Pinetown, 3610, South Africa. All legal documents must be served at this address.
· Our telephone number is +27 (0)31 7191900.
· Our web site is located at www.spar.co.za
a) "We", "us" and "our" means The SPAR Group Ltd and, unless the context indicates otherwise, includes our affiliates and franchisees, and
b) "You" means the user of our services.
PART B: CONDITIONS OF USE OF OUR SYSTEMS
1) You are solely responsible for any and all fees and charges that may apply to your communications with our computer systems. Your standard service provider rates will apply unless the contrary is expressly stated.
2) We do not endorse any of the products, services or events promoted and/or listed on our computer systems or in respect of which vouchers may be issued via our services, other than the products and services we supply ourselves. Our issue of such vouchers or display of such products, services or events should therefore not be interpreted as any form of endorsement. All complaints concerning such products, services and/or events must be submitted directly to the relevant supplier.
3) We do not control or endorse any third party systems which enable or are related to our computer systems or which our systems enable in turn. Please submit any complaints concerning such third party systems directly to the owner of such third party system(s).
4) When using our computer systems, you will at all times comply with the applicable laws, regulations and codes of conduct and for the purpose for which the systems offered via our systems are intended.
a) You may therefore not access and/or use our computer systems -
i) To redistribute or otherwise use any of our content for your own business purposes unless we have given you a written license to do so;
ii) In a manner that would bring us, our business and/or any of our affiliates into disrepute;
iii) For unlawful purposes;
iv) To in any manner infringe our rights or the rights of any other person or restrict or inhibit the use of or enjoyment of our computer systems by any other person;
v) To transfer any material to our computer systems that is illegal or which violates any third party's rights or which is fraudulent, misleading, inaccurate, illegal, or damaging to data, software or the performance of our or any other parties' computer system.
5) All rights in our computer systems (including without limitation, any related trademarks, copyright and patents) and the content thereof, belong to us and our licensors. Such rights further extend to any compilations, collective works and derivative works created from any content which may be submitted to us. We reserve the right, without notice and at our sole and absolute discretion, to make changes to or discontinue any aspects, features and/or parts of our computer systems and/or the related services.
6) Where you submit individual content to our computer systems, you will remain the owner of such information. You will, however grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content without restriction, as if we were the owners thereof. Accordingly, we will have the right to modify, reproduce, compile, publish, publicly perform, distribute, broadcast and/or promote such content.
7) We are committed to protecting the confidentiality of any information you may disclose to us when using our computer systems and related services. You agree that such information may be used to -
a) Make the computer systems and related services available to you;
b) Personalize the services provided to you;
c) Inform you about changes in the services we offer and/or about features we think you would find interesting;
d) Make such information available to the affiliated entities in our company group to inform you about products or services they offer which may be of interest to you;
e) Use, publish and/or disclose such information for any lawful purpose;
8) THE DOWNLOADING AND USE OF AND/OR RELIANCE ON DATA FROM OUR COMPUTER SYSTEMS IS ENTIRELY YOUR CHOICE AND IS DONE AT YOUR OWN RISK. YOU SHOULD THEREFORE -
a) INDEPENDENTLY CONFIRM THE COMPLETENESS AND RELIABILITY OF ANY INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS;
b) IMPLEMENT SUITABLE PROTECTION MECHANISMS TO PREVENT VIRUSES AND/OR CODE WHICH MAY BE HARMFUL TO YOUR COMPUTER SYSTEM, BEING TRANSMITTED TO YOU FROM OUR COMPUTER SYSTEMS.
SAVE TO THE EXTENT TO WHICH WE ARE UNABLE TO EXCLUDE OUR LIABILITY BY OPERATION OF LAW OR WHERE WE EXPRESSLY ACCEPT LIABILITY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE YOU MAY SUFFER BECAUSE YOU HAVE USED OUR COMPUTER SYSTEMS (OR RELATED SERVICES) AND/OR RELIED ON ANY DATA FROM SUCH SYSTEMS. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER YOUR LOSS ARISES FROM ANY CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR FROM ANY OTHER CAUSE.
If you do not meet these requirements, you may not submit any request to participate in our Voucher offers.
I am a South African resident.
I have read, understood and accept the terms set out in The SPAR Group Ltd's Electronic Voucher Services Terms (including any terms limiting my ability to recover losses).
I have read, understood and accept the terms set out in The SPAR Group Ltd's Client Information Processing Policy. I therefore agree that my personal information may be collected and used according to such policy. This includes the sending of information about promotions which may be of interest to me.
INFO PROCESSING POLICY
Making your confidential information available.
The SPAR Group Ltd is committed to protecting your privacy.
To make use of certain of our products and services you will be asked to provide us with certain of your personal and financial information. We recognise, however, that you may consider this information to be "confidential" and do not want it disclosed to or used by others.
The choice of providing us with this information is, however, always yours. If you choose to disclose your information, we accept that it is our duty to respect and protect its confidentiality. This means that we will not use or disclose it without your permission, unless we have some legal duty to do so. If, however, you choose not to provide this information to us, we may not be able to render the products or services you wish to select.
Protecting your confidential information
This policy determines what we will do with your confidential information after you have disclosed it.
Please read and consider this document carefully as you will be required to accept its terms before we can provide any products and services to you.
Who we are
When we refer to "we", "us" or "our" in this document we are referring to -
* The SPAR Group Ltd (registration number: 1967/001572/06)
* Its affiliates within SPAR’s group of companies;
* Anyone to whom we may assign (i.e. give) our rights and duties under this policy, and
* Anyone who takes our place (i.e. our successor).
Please note that how we use "we", "us" or "our" in this policy, depends on the context.
Information we may hold
We may record and hold the following types of information about you:
(a) All information contained in the forms or other documentation you submit to us and any other details you provide afterwards. This may include your name, contact details, age, identity number, assets, liabilities, income, payment records, etc;
(b) Information we use to process any application you submit and which we use to determine whether you qualify for certain goods and services. This may include information received after we've made enquiries with public registers, credit bureaus, money laundering, fraud prevention and law enforcement agencies or your current or previous insurance companies. Please note that the information received from these entities may be linked to other people with whom you have financial associations, for example, members of your family and your business partners and associates;
(c) Details of your preferences concerning our products and services;
(d) Other demographic and lifestyle information;
(e) Details of the accounts you and the members of your family hold and any transactions you and the members of your family have previously concluded with or through us; and
(f) Details of when you contact us and when we contact you. This includes for example, IP addresses, electronic mail addresses, telephone numbers you contact us from and the content of the communications between us (which may be recorded).
Why we need your information
Your information is needed for the following purposes:
(a) To process applications and decide whether you qualify for our products or services and for making related decisions (such as whether to extend credit to you). This may include confirming your identity, credit status, contact details, financial track record, etc from time to time;
(b) To take such actions as may be required to enable and improve your use of our services;
(c) To exercise our rights and comply with our duties in respect of any products or services we may provide to you. This may include processing and recording your requests and transactions, managing your accounts and policies, delivering our products and services to you, communicating with you concerning your use of our products and services and collecting payments you may owe us;
(d) To make sure that the information we receive and hold about you is and remains accurate, complete and up to date;
(e) To prevent, investigate and prosecute any unlawful activities;
(f) To comply with legal and regulatory requirements;
(g) To conduct market research and business analysis, understand your preferences, learn more about the products and services that you are interested in and improve the products and services we offer you;
(h) To inform and provide you with the chance to use products, services and benefits we offer and that we believe may be of interest to you (to the extent that we are legally permitted to do so); and
(i) For such other purposes as you may agree to or as may otherwise be legally permitted, whether to protect our or your interests or those of our suppliers and other customers.
How we collect information
We may collect information about you as follows:
(a) From you when you make use of any of our services when, for example you fill in an application or other form, submit a request, conduct a transaction (which may include buying our products) or use our web sites, etc;
(b) From public or private registers or institutions such as credit bureaus, money laundering, fraud prevention and law enforcement agencies, your current and previous insurance companies, etc. This information may be used to process your application for credit or services and to reassess your status from time to time;
(c) From people and entities we use to provide services to us. This may include debt collection services, cheque verification services, communication and data hosting services, processing and management services;
(d) From persons you use to provide services to you. This may include communications and data hosting services and processing and management services;
(e) From any other persons you have permitted to provide information to us; and
(f) From any other persons who may otherwise be legally permitted to provide us with information about you.
Confirming your information
It may be necessary for us to confirm the accuracy of your information from time to time using the above and other sources of information.
Protecting your information
We will try at all times to make sure that your information is protected against unauthorised or accidental access, processing or loss and will implement reasonable technical and organisational controls to do so.
In the same way, where we use any other person or organisation to host, manage or process your data on our behalf, we will require them to implement the same or similar controls to protect your information.
As soon as reasonably possible (provided that we are not prevented from doing so by any law enforcement or regulatory agency), we will notify you in writing and at your registered postal or email address if we believe that an unauthorised access to your information may have occurred. In such instance we will provide you with such information as you may reasonably require to protect your interests.
Sharing your information
You agree that we may transfer or make your information available to the following persons and organisations (whether they are located in our outside of South Africa) in order to achieve the data processing purposes set out in this policy:
(a) To the divisions and entities in the SPAR group. This includes the directors, employees, contractors, agents, auditors, legal and other professional advisors of the divisions and entities in the SPAR group;
(b) To banks, credit bureaus and fraud prevention agencies, who may link your information with those of your family members and business associates. We will, however, notify you before we provide any negative information about you to a credit bureau and, should you so request, we will, to the extent required by law, provide you with a copy of such information;
(c) To your bank and to the other issuers of payment cards issued to you at your request;
(d) To any other person that supplies, supports or underwrites any products or services we provide to you, but only to the extent to which it relates to your subscription to and use of our products and services;
(e) To governmental, judicial, regulatory and law enforcement bodies and agencies. This includes the South African Revenue Services and the National Credit Regulator;
(f) To persons who provide services to ourselves in relation to the products and services you are obtaining from us. This may include services such as delivery, debt collection, data hosting and processing and management services;
(g) To any person to whom we cede, delegate, transfer or assign any of our rights or obligations relating to the products or services provided to you or relating to any contracts we may conclude with you;
(h) To any person that acts as your legal guardian, executor of your estate, curator or who acts in a similar capacity;
(i) To any person that provides a guarantee or security for the performance of your obligations to us, but only to the extent to which it relates to the guarantee or security provided;
(j) To such other persons as may be permitted by law or to whom you may have given permission to receive your information from us. This may include persons and entities requesting information to evaluate your creditworthiness. Please note that at all times, we will ensure that the persons to whom your information is transferred or made available, undertake to protect the confidentiality of your information in a manner similar to that set out in this policy.
How long we may hold your information
We may hold your information collected in terms of this policy for as long as you are registered to use our services and for at least five years after you stop doing so, or for such longer period as may be required or permitted by law.
Web Site Use
When you access any of our web sites we will collect certain information such as your IP address (the unique number which your machine uses when it is connected to the Internet), what you looked at, whether the page you requested was successful or not, and which browser you used to view the pages. Your web browser will automatically store this information in a "cookie" on your computer's hard drive. "Cookies" are there to improve the way you use our web sites. Most browsers accept cookies automatically, but you can usually change the settings of your browser to prevent this. Please note that, if you choose not to receive cookies, you may not be able to use all the features of our websites.
Please note that the information collected in this way is used strictly for statistical and personalisation purposes only as it helps us understand which areas of our sites are of particular interest and also which pages are not being requested. It also tells us how many hits and page requests we get.
Your rights regarding your information
You have a right to know what information we hold about you and to whom we have disclosed such information.
You also have the right to ask us to correct or delete any information we hold about you. This may be because we are no longer allowed to keep such information or it's inaccurate, irrelevant, excessive, out of date, incomplete, misleading or because the information was illegally obtained.
Exercising your rights
To exercise your rights as indicated above, you will need to do the following:
(a) Submit a written request in the prescribed form to our Information Compliance Office at our principal place of business situated at 22 Chancery Lane, Pinetown, South Africa;
(b) Provide suitable proof of your identity, and
(c) Pay the prescribed fee, if applicable. Where a fee needs to be paid, we will notify you of the amount before we process your application.
We will process your request as soon as reasonably possible.
Please note that we are only able to fulfill your request where permitted to do so by law and provided that doing so does not unreasonably prejudice our legitimate interests or those of any third party.
Unsolicited marketing communications
Please note that, unless you give your permission, we will not contact you (whether telephonically or by mail, facsimile, SMS or electronic mail) with marketing information.
You may object to receiving such information either when you first subscribe to our goods or services or afterwards, when we send you additional communications. You may also object using a legally recognised public register which is used for such purpose, or by formal notice to us using the prescribed procedure or in any other manner prescribed by law.
Complaints and General
1) If you have any query or complaint regarding our Vouchers, you can contact us at email@example.com during our normal business hours.
2) If you want to lodge a formal complaint, kindly please submit the following information to us in writing:
a) Your full name(s), physical address, telephone number and email address;
b) The details of the relevant Voucher offer or Voucher;
c) The details of the problem you may have experienced regarding such Voucher offer or Voucher;
d) The actions you would like us to take to remedy the problem;
e) A statement confirming that you are making the complaint in good faith;
f) A statement confirming that the information you are providing to us is, to the best of your knowledge, true and correct; Please include your signature in your complaint.
4) You agree to accept service of any legal process at the addresses you provide to us.
5) The entire agreement between you and us concerning your use of our computer systems, the Vouchers offered and any products and services acquired using such Vouchers is made up of -
b) Any terms and / or policies incorporated by reference in this document;
c) The terms stated on any Voucher;
6) Should a part of this agreement be held to be unenforceable or invalid by any competent authority, then the unenforceable part will be interpreted according to applicable law as closely as possible to reflect the original intentions of ourselves. The remaining provisions of our agreement will continue to remain in force and will be given effect to the fullest extent permitted by the law.
7) You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties under our agreement to any other person without our prior written consent.
8) We may cede, delegate, transfer and assign our rights, obligations and duties under this agreement to any other person.
9) Our failure to enforce any provision of this agreement strictly will not be interpreted as a waiver of any provision or right we may have.
10) Should we fail to carry out any of our duties in terms of our agreement with you, such failure will be excused if and to the extent that such failure is due to circumstances beyond our control.
Coupon Issue Conditions
VOUCHER ISSUE CONDITIONS
a) We may from time to time make available electronic discount vouchers and coupons via our computer systems for redemption against products offered for sale at some of our retail stores in South Africa ("Vouchers").
b) Each such Voucher offer is made subject to these general terms as well as the specific terms and rules applicable to the particular Voucher ("Voucher Terms"). The Voucher Terms will be referred to or set out on the relevant Voucher offer or otherwise be made available on our computer systems.
c) We may, at our sole and absolute discretion and without prior notice to you, change the description and/or terms applicable to any Voucher offer or discontinue the availability of any such offer.
d) Should there be a conflict between the terms contained in this document and the Voucher Terms, the Voucher Terms will prevail. It is your duty to familiarise yourself with the relevant Voucher Terms before participating in a Voucher offer or attempting to redeem a Voucher.
2) Voucher Descriptions
a) Each Voucher offer will set out at least the following in its Voucher Terms:
i) The value of the Vouchers expressed either in South African Rand or as a percentage discount;
ii) The specific product(s) against which the Vouchers may be redeemed;
iii) The stores and/or region where the Vouchers may be redeemed;
iv) The period for which the offer and/or the issued Vouchers are valid;
v) Any other specific condition, restriction or limit which applies to the issue or redemption of the Vouchers. This may include any minimum purchase or spend requirements;
vi) The location where the Voucher Terms may be obtained.
3) Voucher Offer Restrictions
Unless expressly stated otherwise -
a) Only South African residents may take up Voucher offers. We may ask you to provide adequate proof in respect of this requirement;
b) No more than the system-specified number of Voucher/s per person will be available under any Voucher offer during the dates indicated for that specific promotion;
c) Each Voucher may be redeemed only once;
d) Only one Voucher will be redeemed per product purchased from us;
e) A Voucher may not be used in conjunction with any other special offer, promotion, voucher or coupon unless this is specifically permitted in the relevant Voucher Terms;
f) Vouchers cannot be redeemed against prior purchases;
g) Your participation in a Voucher offer may be subject to additional criteria (e.g. a minimum age) with which you will need to comply. Examples:
h) If a Voucher applies only to specific stores, you may not redeem it at any other stores;
ii) If the Voucher applies only to certain specified products, you may not redeem it against any other products;
iii) If the Voucher may be redeemed during a certain period, you may not redeem it during any other period;
i) Vouchers cannot be exchanged for cash or for other vouchers of any kind. No change will be paid out if the value of the products for which the Voucher is used is less than the value of the Voucher;
j) Vouchers cannot be used to pay for taxes, shipping and handling or other charges which may apply to the purchase of the products to which Voucher relates.
4) Subscription and Issuing of Vouchers
a) Before you can become eligible to participate in our Voucher offers, you will be required to complete the prescribed subscription process, subject to the following:
i) By subscribing you agree that we may communicate with you concerning Voucher offers and promotions that may be of interest you;
ii) You may notify us at any time if you want us to stop sending you such communications. This may be done by sending us an email at firstname.lastname@example.org
b) We may from time to time make available certain Vouchers for certain products or stores as described in the relevant Voucher Terms. We may restrict the number of Vouchers to be issued to you and/or your household to discourage unfair practices.
c) We will keep all records of Vouchers issued to you. You will be able to access your record of valid Vouchers by submitting an email request for such information to email@example.com for as long as the Vouchers remain valid.
5) Voucher Redemption
a) Each Voucher that you acquire from us creates a right to obtain a defined discount on specific products available for sale at our retail stores during our trading hours only.
i) By the person to whom it has been issued, and
ii) Where all the applicable Voucher Terms (including any restrictions which may be stated) have been fulfilled.
b) We will not re-issue damaged, lost or stolen Vouchers. Your Voucher will typically contain unique identification numbers, barcodes and/or access codes which will make sure that each Voucher is redeemed only once. No Voucher may be redeemed without such information being made available.
c) We may ask that you provide us with suitable evidence of your right to use the Voucher before you may redeem it. We are not obliged to redeem the Voucher under the following circumstances -
i) Where the Voucher was issued to you by mistake;
ii) Where the Voucher is manifestly incorrect;
iii) Where redeeming the Voucher would be illegal;
iv) Where redeeming the Voucher would be practically impossible where, for example, our computer systems are not functioning properly or the product to which the Voucher applies is unavailable for any reason. If the product to which the Voucher applies is unavailable when you try to redeem the Voucher, the SPAR retailer will offer you a “rain-check” on the product.
6) Our Liability
a) WHILE WE WILL TRY TO ENSURE THAT THE INFORMATION CONCERNING OUR VOUCHERS IS COMPLETE AND ACCURATE, WE PROVIDE NO WARRANTY IN THIS REGARD. WE THEREFORE DENY (TO THE MAXIMUM EXTENT PERMITTED BY LAW) LIABILITY FOR ANY LOSS YOU MAY SUFFER BECAUSE OF ANY OMISSION AND/OR INACCURACY CONTAINED IN ANY VOUCHER OR ANY RELATED INFORMATION.
b) WHILE WE WILL TRY TO ENSURE THAT ANY VOUCHERS WE ISSUE MAY BE REDEEMED, WE DO NOT WARRANT THAT WE WILL ALWAYS BE ABLE TO DO SO. WE THEREFORE DENY (TO THE MAXIMUM EXTENT PERMITTED BY LAW) LIABILITY FOR ANY LOSS YOU MAY SUFFER SHOULD WE BE UNABLE TO REDEEM A VOUCHER.
c) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER WHICH MAY STEM FROM YOUR PARTICIPATION IN ANY OF OUR VOUCHER OFFERS (WHETHER IN CONTRACT, STATUTE OR DELICT), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.
d) SHOULD WE BE FOUND TO BE LIABLE IN RESPECT OF ANY CLAIM(S) IN CONNECTION WITH ANY VOUCHER OR ANY RELATED INFORMATION, OUR LIABILITY WILL NOT EXCEED THE MONETARY VALUE OF THE VOUCHER INVOLVED, REGARDLESS OF THE REASON FOR OUR LIABILITY, WHETHER IT STEMS FROM CONTRACT, STATUTE OR DELICT, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW.
End-User Licence Agreement
A. THIS END USER LICENCE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND THE SPAR GROUP LTD, 22 CHANCERY LANE, PINETOWN, SOUTH AFRICA) AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS.
B. IN TERMS OF THIS AGREEMENT YOU ARE GRANTED A LICENCE TO USE THE SOFTWARE IT ACCOMPANIES. YOU ARE ONLY GRANTED THE LICENCE IF YOU ACCEPT ALL THE TERMS IN THIS AGREEMENT. NOTE: BY CLICKING "I AGREE" OR BY INSTALLING OR OTHERWISE USING THE SOFTWARE YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT.
C. IF YOU DO NOT AGREE TO THESE TERMS, SPAR IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, USE OR COPY THE SOFTWARE, AND YOU SHOULD IMMEDIATELY DESTROY ALL COPIES OF THE SOFTWARE IN YOUR POSSESSION.
D. PROVISION IN THIS AGREEMENT WHICH LIMIT SPAR'S LIABILITY, ALLOCATE RISK OR LIABILITY TO YOU OR IN WHICH YOU ACKNOWLEDGE CERTAIN FACTS, HAVE BEEN SET OUT IN CAPITAL LETTERS. NOTE: YOU SHOULD PAY PARTICULAR ATTENTION TO THESE PROVISIONS SINCE THEY LIMIT YOUR ABILITY TO RECOVER LOSSES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF OUR SOFTWARE.
E. IF YOU ARE NOT YET 18, YOUR PARENTS OR LEGAL GUARDIAN MUST AGREE TO BE BOUND BY OUR LICENSING TERMS BEFORE YOU START USING OUR SOFTWARE. IF YOU ARE UNDER 18 AND FAIL TO OBTAIN YOUR PARENTS' OR GAURDIAN'S CONSENT, YOU MAY NOT INSTALL OR USE OUR SOFTWARE.
1. DEFINED TERMS. In addition to the terms defined above, the following terms will have the meanings set out in this clause when they are used in this Agreement:
(i) "Voucher System" means SPAR's computerised voucher issuing systems which may be made accessible to you through the use of the Software;
(ii) "Hardware Device" means a mobile cellular telephonic handheld device of a type designated by SPAR on which the Software may be installed (e.g. a Smartphone or iPhone);
(iii) "Licensing Restrictions" means the specific usage limitations applicable to your use of the Software described in Section 3 below;
(iv) "Access Code" means any valid activation PIN or other access control mechanism issued to you by SPAR to enable you to access and use the Software and/or Voucher System. Note: An activation PIN or other access control mechanism is valid if it has not been withdrawn, disabled or deactivated by SPAR.
(v) "Software" means the software application(s) and its associated data files accompanying this Agreement, as well as any instruction or reference materials provided with the Software or which are otherwise made available to you in connection with the Software;
2. INTELLECTUAL PROPERTY. SPAR reserves all rights in the Software (other than those that are expressly granted to you in terms of this Agreement). No copyright or other intellectual property or proprietary right is transferred to you in terms to hereof.
3. LICENCE GRANTS. Provided that you agree to the terms and conditions of this Agreement, SPAR hereby grants to you a nonexclusive, non-transferable licence to install the Software in the form as made available to you. Your licence is, however, subject to your compliance with the applicable Licensing Restrictions set out in clause 4 below. No licence or right is granted to you in relation to the Software other than as provided for in this Agreement.
4. LICENSING RESTRICTIONS. Your use of the Software will be subject to the following conditions and restrictions:
(i) INSTALLATIONS. You may only install only one copy of the Software on one Hardware Device that is exclusively used by you for your own personal use only. YOU ALONE WILL BE RESPONSIBLE FOR ALL TRANSACTIONS AND OPERATIONS PERFORMED ON THE VOUCHER SYSTEM FROM SUCH HARDWARE DEVICE. You must notify SPAR immediately if you become aware of unauthorised use of your Access Code or the Software.
(ii) USAGE. Save for the Licence granted to you under clause 3, you will not and you will not permit anyone else, to -
(a) copy, reproduce or modify the Software;
(b) create derivative works based on the Software;
(c) adapt, transcribe or merge the Software or any portion thereof, with other software;
(d) market, sell, share, rent, lease, sublicense, disseminate, distribute or otherwise transfer the Software or any portion thereof or permit the use thereof for the benefit of any third party;
(e) decompile, disassemble or reverse engineer any part of Software or attempt to do so;
(f) remove, alter, conceal or obscure any proprietary notice or marking incorporated in or on the Software; or
(g) use the Software for any unlawful purpose.
(iii) UPDATES AND UPGRADES: Where you are provided with an upgrade or update of the Software -
(a) The upgrade or update will replace any current version of the Software you may have. You will therefore have to remove and delete all copies of the version of the Software you are currently using;
(b) MULTIPLE VERSIONS: The media on which the Software resides may contain more than one version of the Software, each of which is compatible with only some types or versions of Hardware Devices. You must make sure that you only install the version of the Software that is most appropriate for your Hardware Device.
5. NOTICES AND DISCLAIMERS.
(i) YOU SHOULD NOTE THAT SPAR ONLY MAKES AVAILABLE FREE STANDARD SOFTWARE WITH STANDARD FUNCTIONALITY FOR STANDARD HARDWARE DEVICES. SPAR DOES NOT ORDINARILY OFFER OR SUPPLY SOFTWARE FOR ANY PARTICULAR PURPOSE. SPAR DOES NOT PROFESS TO BE KNOWLEDGEABLE ABOUT YOUR SPECIFIC USAGE REQUIREMENTS FOR THE SOFTWARE. YOU MUST DETERMINE WHETHER OR NOT THE SOFTWARE IS SUITABLE FOR YOUR SPECIFIC REQUIREMENTS. FURTHERMORE, YOU SHOULD BE AWARE THAT CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR HARDWARE DEVICE COULD BE CONTAINED IN THE SOFTWARE. YOU SHOULD IMPLEMENT SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
(ii) YOU SHOULD ALSO NOTE THAT THE SOFTWARE MAY HAVE SOME DEFECTS. INSTALLATION OF, RELIANCE ON AND USE OF THE SOFTWARE ARE AT YOUR SOLE DISCRETION AND RISK. YOU SHOULD INDEPENDENTLY VERIFY THE SUITABILITY OF THE SOFTWARE FOR YOUR HARDWARE DEVICE AND THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM YOUR USE THEREOF. YOU ARE THEREFORE SOLELY RESPONSIBLE FOR YOUR INSTALLATION AND USE OF THE SOFTWARE, FOR THE RESULTS OBTAINED FROM SUCH INSTALLATION AND USE AND FOR THE USE OF SUCH RESULTS, INCLUDING WITH RESPECT TO THE VOUCHERS.
(iii) THE SOFTWARE IS PROVIDED "AS IS". SPAR THEREFORE (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) -
(a) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER THESE ARE EXPRESS OR IMPLIED;
(b) SPECIFICALLY DISCLAIMS THAT THE SOFTWARE IS NON INFRINGING OR FREE FROM VIRUSES OR ERRORS OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION;
(c) EXPRESSLY EXCLUDES ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
(iv) SINCE THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, SPAR WILL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR DAMAGE OF ANY KIND (REGARDLESS OF WHETHER SUCH CLAIM STEMS FROM CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER CAUSE) IN CONNECTION WITH YOUR INSTALLATION, RELIANCE ON OR USE OF THE SOFTWARE OR THE ACCESS CODES, SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY APPLICABLE LAW. AS A RESULT YOU HEREBY INDEMNIFY AND KEEP SPAR INDEMNIFIED AGAINST ALL SUCH CLAIMS, DAMAGES OR LOSSES ARISING IN CONNECTION WITH YOUR INSTALLATION OR USE OF THE SOFTWARE.
6. TERM AND TERMINATION. This Agreement will remain in force until terminated by you, by SPAR or by expiry (in the case of a time-limited licence), subject to the following:
(i) You may terminate this Agreement at any time.
(ii) Without prejudice to any of its other rights, if you are in breach of any of the terms and conditions of this Agreement then SPAR may terminate it immediately on giving written notice to you.
(iii) SPAR may also terminate this licence at any other time by giving notice to that effect.
(iv) Upon termination of this Agreement -
(a) SPAR may revoke and/or disable the Access Codes issued to you and/or render the Software and/or Voucher System inaccessible or unusable by you;
(b) You will immediately stop using the Software and destroy all copies thereof in your possession.
(v) The provisions of clauses 1, 5, 6, 7, 8, 9 and 10 will survive termination of this Agreement.
7. LAW AND JURISDICTION. The UN Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This Agreement, unless expressly prohibited by local law, will be subject to and interpreted under the laws of the Republic of South Africa (notwithstanding any conflicts of law provisions) and the South African courts will, subject to Section 10, have exclusive jurisdiction over any claim arising in connection with this Licence.
8. URGENT REMEDIES. You acknowledge that each provision of this Agreement providing for the protection of the intellectual property, confidential information and other proprietary rights of SPAR or its licensors, is material to this Agreement. As a result you accept that any threatened or actual breach of the provisions providing for the protection of any of the afore-mentioned rights will constitute immediate and irreparable harm to SPAR and/or its licensors, for which SPAR may seek urgent injunctive relief in any court of appropriate jurisdiction. Such relief will be without prejudice to any other remedies that SPAR may have.
9. ASSIGNMENT. You may not sublicense, assign or otherwise transfer all or any part of your rights or obligations under this Agreement without the prior written consent of SPAR. You acknowledge that any such unauthorised attempted transfer, assignment or sublicense use will be void. You agree that SPAR may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under this Agreement to one or more third parties chosen by it.
(i) Except where SPAR agrees otherwise in a written contract concluded between you and SPAR, this Agreement is the only agreement between you and SPAR relating to your ability to use our Software and it may only be modified by written agreement between you and SPAR.
(ii) If any clause or sentence in this Agreement is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected thereby and will remain of full force and effect.
(iii) The failure by SPAR to enforce any of the provisions of this Agreement, unless waived in writing, will not constitute a waiver of SPAR's rights to enforce such provision or any other provision of this Agreement in the future.
(iv) All rules of interpretation which prescribe that an agreement be interpreted against the party responsible for its drafting do not apply to this Agreement.