Terms of Use

December 2023 - Version 2.4

Introduction

These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website and our mobile applications. You agree to the terms by visiting and using this website or our mobile applications.

Interpretation

Definitions

The words in bold below have the following meanings:

  • bulk buyers means registered users who apply to be (and who we accept as) bulk buyers, for the purposes of buying gift cards from us in bulk.
  • business hours refers to the hours 9AM - 5PM, Monday to Friday, but excludes South African public holidays.
  • gift cards refers to the product that we sell on this website which are gift cards, digital gift cards and digital codes.
  • terms includes these general terms, specific terms that apply to a specific section of this website, our privacy policy found over here and any other relevant terms, conditions, policies, disclaimers, authorities and notices agreed between you and us.
  • vendors refers to third-party merchants, retailers and vendors who issue gift cards bought on this website.
  • we, us or our refers to eGift Solutions (Pty) Ltd (2016/150001/07), the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where these terms limit or exclude our liability.
  • website means the website located at www.egifts24.co.za and also includes our mobile applications.
  • you or your refers to any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.
Conflict

If the meaning of any general term conflicts with any other relevant specific term, the specific term will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.

Use Of This Website

Licence

We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.

Invitation to do business

The marketing of gift cards and display of gift cards on our website by us is merely an invitation to do business. You respond to this invitation to do business by making an offer to purchase those gift cards. The parties conclude a valid and binding order when we accept the offer that you have made. We only accept the offer relating to our gift cards once we process those gift cards for you. We may accept or reject an offer made by you. If we do not accept your offer then we will refund any monies that you have already paid to us.

Third-party vendors

We work with third-party vendors, so purchases of gift cards from us are governed both by our terms and the third-party's terms and conditions. Third-party terms and conditions are included on each product's page.

Sale is final

Once we have accepted an offer to purchase from you, the sale is non-returnable, non-refundable and non-exchangeable. However, if there is a fault with the gift card we will refund or replace the gift card after confirming with the vendor that a fault exists with the gift card. Refunds or replacements will not be offered if no fault is found with the gift card.

A gift card will not be considered as having a fault if the gift card is locked or a block is placed on your account by a vendor due to breaching their terms and conditions. Such cases must be resolved directly with the vendor.

Incidental failures which prevent a gift card from being used for a period of time, such as IT outages, maintenance or service-related incidents are also not considered as a gift card fault, and such events should be queried directly with the vendor for a resolution timeline.

Delivery / Shipping

All gift cards are delivered via electronic transmission as a digital pin or redemption code. We deliver the gift cards immediately upon processing them, or as soon as possible thereafter. Under certain circumstances, you will be able to specify the date upon which you or a third-party recipient can access the gift card, such as when purchasing the gift card as a gift for a later date. Under these circumstances, delivery will still be effected on the date of processing, but you agree that you or a third-party recipient will not be able to access the gift card until the scheduled date. You may change the recipient or scheduled date at any time.

Payment options

We accept 3D-Secure enabled South African Mastercard and Visa credit cards, cheque cards and debit cards, Crypto-currencies such as Bitcoin, electronic bank transfers (EFT only) and FNB ATM payments. International cards are not accepted. All cash payments must be made via FNB ATM. Doing a cash deposit at a branch instead of an ATM deposit, or using an ATM from a bank other than FNB, will result in cash handling fees, delays and/or cancellation of your order. No cheque deposits are allowed, and doing so will result in a cheque handling fee, a 7+ working day delay to ensure the cheque has cleared, and cancellation of your order. Any fees or surcharges added for incorrect cash or cheque payments are non-refundable, and can vary between R10 to R100 depending on the bank and method used.

Payment options may be restricted based on spending limits, account history or account region.

Payment time frame

When placing an order you need to ensure payment is made within a reasonable period of time. The below payment options and timelines indicate how long you have to make payment after placing an order. If payment cannot be confirmed within the timeframe below, the order will automatically expire:

  • Credit Card - 1 hour
  • Crypto-currencies - 4 hours
  • Bank Transfer (EFT) - 48 hours
  • FNB ATM Deposit - 48 hours

If payment is received after the order has expired, we will contact you to confirm what options are available to you. These options may include reviving and processing the order, adding the payment amount as credit on your account with us for use against future orders on our website, or refunding the money back to your bank account. We may not be able to revive and process an order if stock is no longer available for the gift card ordered, or if the order was for a gift card that was on promotion and that promotion has since ended.

Payment verification

Due to the nature of our business, payments are sometimes flagged for manual review to ensure they are legitimate and were authorised by you. You may be required to submit additional documentation such as a valid proof of payment in terms of a bank transfer (EFT), or verify that you placed the order through a verification call to the cellphone number provided on your account, before the order is released. You may also be required to provide a valid Identity Number, or passport number, to ensure the details you have provided us are accurate. Should there be discrepancies between your account and the payment instrument used, or if we're unable to complete the verification process, your order may be cancelled, your account suspended, and the payment refunded. Where payment was made via a bank transfer (EFT), a refund will only be made on receipt of a valid account confirmation letter from your bank, and where the bank account number matches the bank account where the original payment was made from.

Refunds

In circumstances where a payment qualifies for a refund, the refund will be actioned using the same payment method as the original payment, except for ATM/Cash Deposit payments, as well as Debit card payments that do not have a refund facility, which will be refunded via Bank Transfer (EFT). For refunds made through Bank Transfer (EFT), a stamped bank account confirmation letter - or verifiable electronic version - may be required before the refund will be actioned. In cases where a refund is issued due to a confirmed problem with a gift card, or where the order was cancelled before being processed to you and payment was successfully made, the refund will be actioned within 10 - 14 working days after receiving the required information or documents. In exceptional circumstances, we may at our own discretion decide to provide a refund for a valid gift card. In these cases, the refund process may depend on vendor assistance, which can take upwards of 4 - 6 weeks before we can action the refund. We may also apply a 10% admin fee where refunds are issued for valid gift cards.

Breach

If you breach any of the terms or infringe any other person's rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.

Framing

You may not frame this website or any of its pages.

Linking

You may only link to the home page of this website at www.egifts24.co.za. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.

Virtual agents

You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.

Gift card expiration

Our third-party vendors determine the expiry date of their gift cards. As such, expiry dates may vary from vendor to vendor, and if an expiry date applies, it will be stated in the gift card's terms and conditions.

Gift card region restrictions

Unless expressly stated otherwise in the gift card's terms and conditions or on the gift card's product page, gift cards can only be used on accounts registered under the South African region and are only valid while using the gift card within the borders of South Africa. No returns, exchanges or refunds will be offered where gift cards cannot be used due to regional restrictions.

Changes to the Terms

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

Proxies and VPNs

You may not use a VPN, proxy, or any other type of technology to hide your true IP address when visiting this website. Doing so may result in account suspension, order cancellation, or IP address blocking.

Website region restrictions

Our website and service should only be accessed and used while being located in South Africa, and may not be accessible outside of this region. This restriction also applies to any recipients of gift cards, and you should ensure that you do not send gift cards to recipients located outside of South Africa.

Account Registration

Registration

Each authorised user must provide their full legal name, a valid email address (disposable or temporary email address services are not allowed), a valid cellphone number belonging to the user, and any other information requested by us to complete the registration process.

If the user is younger than 18 years of age, the user warrants that they have the consent of their legal guardian to enter into these terms or that the user has obtained legal status in another manner.

Access

Only authorised users may access the service by using the credentials issued to them.

Authorised user obligations

Each authorised user agrees:

  • to keep their credentials secure;
  • that any payment instrument used has been done so with the permission of the account holder of the payment instrument;
  • to only create and maintain one account;
  • if a credit card is used for payment, to only use it on one account;
  • not to provide access to any person other than an authorised user;
  • not to interfere with the functionality or proper working of the service;
  • not to introduce any viruses, worm, logic bomb, Trojan, wares, potentially unwanted program (PUP) or other malicious software into the service;
  • not use the service for direct marketing, spamming, unsolicited communications, or other advertising or marketing activities prohibited by applicable law;
  • that they are domiciled in South Africa;
  • if the account is for a juristic entity, the person who created the account is authorised to do so on behalf of the entity, and only that authorised person may transact on that account.

If your account is deactivated by us, you, or anyone acting under your discretion, are strictly prohibited from creating another account on this website.

If we apply restrictions or limits to your account, you, or anyone acting under your discretion, are strictly prohibited from creating another account to circumvent these restrictions or limits.

Security

Each authorised user is responsible and liable for activities that occur under their account. You authorise us to act on any instruction given by an authorised user, even if it transpires that someone else has defrauded both us and you. We are not liable for any loss or damage suffered by you attributable to an authorised user's failure to maintain the confidentiality of their credentials. If you become aware of any unauthorised activity, please notify us immediately.

Loyalty Programme

Eligibility & enrollment

All normal registered users are automatically enrolled into our loyalty programme, although we reserve the right to limit participation in our sole discretion. Users registered in our Bulk Buyers programme are not eligible.

Earning loyalty ePoints

Eligible users can earn ePoints on the completion of orders for eligible products, or by taking certain actions through the website and mobile applications. ePoints cannot be earned from payments done with account credit, vouchers (including loyalty vouchers, gift vouchers, eGifts24 Choice Vouchers, and promotional vouchers), or where there's a promotional discount applied to the order. Not all products will earn users ePoints, and earn rate can vary between products and the payment method used on the order.

Loyalty ePoints balance

When you earn ePoints, your ePoints balance will be automatically updated. Should an order or action be voided or refunded, any ePoints earned from that order or action will be removed from your ePoints balance. You can view your ePoints balance under the "My Account" -> "View & Redeem ePoints" link.

Redeeming loyalty ePoints

ePoints can only be redeemed once the balance reaches a threshold of 1,000 ePoints. ePoints are redeemed for loyalty vouchers, which are automatically tied to the redeemer's account, and are available for use as discounts on checkout. 100 ePoints is worth R1 when converting to a loyalty voucher.

Expiration

ePoints automatically expire 1 year from the date they were earned. Loyalty vouchers automatically expire 1 year from the date they were converted from ePoints.

Restrictions

ePoints cannot be purchased, resold, transferred or redeemed for cash. We may limit the number of ePoints you can earn or use within certain periods of time or implement other restrictions on the receipt or use of ePoints.

Termination

We reserve the right to suspend or terminate a user's participation in our loyalty programme, if the user violates these terms. We may also suspend, cancel or otherwise limit your access to ePoints if we suspect fraudulent, abusive or unlawful activity associated with your account. If we determine that a user fraudulently obtained ePoints or used fraudulently-obtained ePoints, we may revoke those ePoints and suspend or terminate the user's account.

Changes to loyalty programme

We may change, suspend or terminate the loyalty programme, or any part of it, at any time and in our sole discretion. Upon termination of the programme, ePoints earned but not used will automatically expire.

Intellectual Property

Ownership

We own this website and (together with any licensors) own all content and other rights in it, including all intellectual property rights such as copyright and patent rights. All moral rights are reserved.

Trade marks

You may not use any trademark, trade name, brand or logo on this website or related marketing material without first getting the owner's written permission.

Restrictions

Unless we expressly allow it, this website may not be:

  • copied, modified or used to make derivative works;
  • transferred, distributed, decompiled or reverse engineered, or
  • rented, leased, loaned, sold or assigned;

Bulk Buyers

Application

You may apply to become a bulk buyer if you are a juristic person operating in South Africa (such as a company or close corporation, but not a sole proprietor), by completing our application form over here, and providing us with the necessary information about your business. We will conduct due diligence on your business and we may accept or reject your application in our discretion.

As a bulk buyer, you may:

  • buy multiple gift cards at varying quantities in one order;
  • email multiple gift cards to recipients from one order, or
  • download the gift cards in text files or as direct links to the redemption pages, depending on the limitations imposed by the vendor.
Restrictions

We may review and cancel any bulk offers at any time, in our sole discretion.

We may place restrictions on how certain bulk-bought gift cards may be delivered to end users. You must adhere to these restrictions, and we may revoke your status as a bulk buyer if you fail to do so. We will notify you of the applicable restrictions on the bulk ordering page, and/or in writing to the registered user.

You may only make bulk offers on gift cards for redistribution to end users located in South Africa.

Unless expressly stated otherwise in writing from us, gift cards purchased from us:

  • are not licensed for resale;
  • should only be used for internal activities such as events, corporate rewards and giveaways;
  • may not be re-distributed through another platform such as a website or app.

The purchasing of a gift card from us does not automatically allow for usage of that vendor's logo or any kind of usage of their branding or trade marks that may suggest a relationship (such as a partnership or sponsorship) between the vendor and your platform or company.

Important Disclaimers And Limits To Our Liability

You use this website at your own risk

We provide the website 'as is'. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defect, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

You indemnify us

You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) related to your use of this website.

Faults

We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.

Errors

Whilst we do our best to keep the descriptions and details of the gift cards accurate, they are subject to change. We reserve the right to correct errors by revising the order or price, refusing to accept the order or cancelling the order and refunding any monies that you have paid us.

Gift card limits

We reserve the right to limit the number of gift cards you are able to purchase.

Stolen or lost gift cards

We are not liable to refund or replace any lost or stolen gift cards.

Gift cards used without permission

We are not liable to refund or replace gift cards which have been used without permission after the gift card has been delivered via electronic transmission.

Delays

We are not liable for any delays in delivering orders, and delivery of gift cards may be delayed several hours or longer after ordering. Further, we are not liable for delays that are the result of vendor issuing delays, security checks, payment processing delays or payment clearance delays.

Vendor disputes

We work with third-party vendors. Any disputes involving the vendor of the gift card must be taken up with the vendor. Therefore, we are not liable for any claims connected with a dispute involving a third-party vendor. This includes where the third-party vendor has gone out of business after our delivery of the gift card.

No liability for indirect damages

We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.

Direct damages limited

If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.

Other website or service
We are not responsible for anyone else's website or service, including those offered by third-party vendors.

Governing Law

These Terms of Use are governed by the laws of the Republic of South Africa.

Contact Us

If you have any questions or concerns regarding these terms or our products, please contact us using the contact form over here, or by physical mail to: eGift Solutions (Pty) Ltd, 184 Upper Buitenkant Street, Cape Town, 8001, South Africa.