1. DEFINITIONS

1.1 "Activation" shall mean the enabling of the Member's personal access code, which will entitle the Member to access and redeem his or her monthly Partner Vouchers and other selected Packages benefits;

1.2 "Agreement" shall mean this agreement which includes the terms and conditions contained in the telephonic agreement concluded between Amazing Vouchers and the Member and the further terms and conditions applicable to the various Packages, as more fully amplified and confirmed herein;

1.2 "Agreement" shall mean this agreement which includes the terms and conditions contained in the telephonic agreement concluded between Amazing Vouchers and the Member and the further terms and conditions applicable to the various Packages, as more fully amplified and confirmed herein;

1.3 "Amazing Vouchers" shall mean Amazing Vouchers (Pty) Ltd (Registration No:- 2010/018706/07), a Private Company duly registered in accordance with the provisions of the Companies Act, Act 71 of 2008 (as amended) and with postal address at Postnet Suite #212, Private Bag X335, Cape Town, 8000;

1.4 "Amazing Vouchers Website" shall mean the link www.amazingvouchers.com;

1.5 "Application" shall mean the Amazing Vouchers Mobile application offered to members for WAP-enabled mobile phones, which enables Members to access their membership profile via their mobile phone and browse and redeem Partner Vouchers and other Packages benefits, subject to the terms and conditions;

1.5 "Application" shall mean the Amazing Vouchers Mobile application offered to members for WAP-enabled mobile phones, which enables Members to access their membership profile via their mobile phone and browse and redeem Partner Vouchers and other Packages benefits, subject to the terms and conditions;

1.6 "Charges" shall mean the once off registration fee and booking fee, as more fully elaborated herein and in the various Packages further specific terms and conditions;

1.7 "Day" shall be reckoned exclusively of the first day and inclusively of the last day, unless the last day falls on a public holiday, Saturday or Sunday, in which case the last day shall be the next succeeding business day;

1.8 "First Delivery" shall mean the date of delivery of the product to the Member which shall for all purposes mean the first date on which Amazing Vouchers forwards to the Member his or her exclusive access code and Membership details by electronic communication after Activation, so as to entitle the Member to access, inspect and use the product after the telephonic agreement has been concluded;

1.9 "Electronic Communication" means any communication by means of electronic transmission, including by telephone, fax, SMS, wireless computer access, email, mobile Application, USSD or similar technology or device;

1.10 "Initial Period" shall mean a period of Twelve (12) calendar months commencing on Activation;

1.11 "Member" shall mean a natural person who is a South African resident and who is at least 18 (eighteen) years old and who has applied to and /or has been accepted by Amazing Vouchers to be entitled to their Partner Vouchers, and the optional benefits of the Packages, as more fully amplified and confirmed herein;

1.12 "Monthly Subscription" shall mean the agreed monthly membership fee payable by the Member to Amazing Vouchers for the various Packages;

1.13 "Partner" shall mean the supplier of goods and/or services and/or underwriters with whom Amazing Vouchers have contracted and from whom the Member shall receive Partner Vouchers entitling them to various benefits and discounts;

1.14 "Partner Vouchers" shall mean the monthly vouchers issued by Amazing Vouchers on behalf of the Partners in favour of the Members (either in printed, SMS, USSD or mobile Application format), which shall contain a description of the Partners' free, discounted, 2-for-1, special offers, or added value benefits, (which inclusive of the free offerings are valued at approximately Three Thousand Rand per month), together with the Membership and unique security number;

1.15 "Packages" shall mean the following:-

1.15.1 "AV Discounts" shall refer to the subscription by Members to the discounted, 2-for-1, special offers, or added value benefits Partner Vouchers offered by Amazing Vouchers, which shall exclude the Partners' free offerings, more fully elaborated upon and subject to the further terms and conditions contained in this Agreement;

1.15.2 "AV Freebies" shall refer to the subscription by Members to the free, discounted, 2-for-1, special offers, or added value benefits Partner Vouchers offered by Amazing Vouchers, more fully elaborated upon and subject to the further terms and conditions contained in this Agreement;

1.15.3 "AV Vacations" shall refer to the subscription by Members to the Partner Vouchers offered by Amazing Vouchers and a vacation benefit, more fully elaborated upon and subject to the further terms and conditions contained in this Agreement.

1.16 "Season" shall mean the following periods:-

1.16.1 the months of December and January; and

1.16.2 public and school holidays; and

1.16.3 any long weekends that include public holidays.

1.17 "SMS" shall mean a short message service provided through a tele-communication system;

1.18 "Telephonic Agreement" shall mean the recorded telephonic agreement reached between the Member and Amazing Vouchers, the terms of which are legally binding upon both parties.

1.19 "USSD" shall mean Unstructured Supplementary Service Data via a mobile telephone, which access number for retrieval of Partner Vouchers is *120*262# and in respect of which standard usage rates apply.

2. COMMENCEMENT & TERMINATION

2.1 The Agreement shall commence on the date of Activation and shall subject to the provisions set out in this Agreement, continue for the Initial Period and thereafter on a month-to-month basis unless:-

2.1.1 the Member directs Amazing Vouchers to cancel the Agreement on the expiry of the Initial Period by the giving of not less than one (1) calendar months written notice and not more than three (3) calendar months written notice, before the expiration of the Initial Period;

2.1.2 he Member agrees to the renewal of the Agreement for a further period of either twelve (12) or twenty four (24) months ("the Renewal Period"), depending upon the Packages;

2.1.3 Amazing Vouchers terminates the Agreement by the giving of reasonable written notice to the Member in the event that the entitlement to the Partner Vouchers is terminated for any reason whatsoever.

2.2 It is recorded that the Member may:-

2.2.1 cancel the Agreement within five (5) days from First Delivery of the product and obtain a reimbursement of any payment made to Amazing Vouchers. The Member will however be responsible for the return of any products delivered and/or any costs incurred;

2.2.2 by twenty (20) days written notice, cancel the Agreement, which right is however subject to payment of all amounts due and payable by the Member to Amazing Vouchers until such date of cancellation and the payment of a cancellation fee equivalent to one-half of the Monthly Subscriptions that would have been payable by the Member to Amazing Vouchers for the remainder of the Initial Period.

3. GENERAL

3.1 Amazing Vouchers:-

3.1.1 undertakes to distribute to the Member, by mail or electronic communication, monthly Partner Vouchers affording the Member benefits and discounts offered by Partners in respect of the various Packages contracted and paid for by the Members;

3.1.2 distribute the Partner Vouchers on behalf of the Partners subject however to the proviso that Amazing Vouchers shall not be liable for acts or defaults of the Partner or of the Partner's employees or representatives, whatsoever;

3.1.3 shall utilise its best endeavours to promptly comply with any supply and/or delivery requirements agreed to but shall not be liable to the Member in the event that the supply and/or the delivery is delayed or cancelled, for whatsoever reason. However, should the Member not be able to redeem any Partner Voucher, then Amazing Vouchers will use their best endeavours to replace such Partner Voucher with a similar one;

3.2 The Member agrees that:-

3.2.1 he/she shall be responsible for the obtaining and/or booking of all discounts and benefits directly from the Partner and THE MEMBER HEREBY INDEMNIFIES AMAZING VOUCHERS AND HOLDS IT HARMLESS AGAINST ANY CLAIM OR LIABILITY SUFFERED BY REASON OF THE DISCOUNTS OR BENEFIT NOT HAVING BEEN OBTAINED. However, should the Member not be able to redeem any Partner Voucher, then Amazing Vouchers will use their best endeavours to replace such Partner Voucher with a similar one;

3.2.2 he/she shall only be entitled to redeem 1 (one) Partner Voucher per Partner per month and only 1 (one) Partner Voucher may be used by the Member per booking;

3.2.3 he/she shall be liable for a reasonable charge for any booking not adhered to or cancelled;

3.2.4 all risk in and to the vouchers supplied and delivered by Amazing Vouchers to the Member shall pass on delivery thereof to the Member, or the party nominated by the Member to accept receipt thereof;

3.3 The Partner Vouchers:-

3.3.1 do not have any monetary value and are accordingly not transferable, exchangeable, for sale, or redeemable for cash;

3.3.2 unless otherwise stated are valid for a period of 1 (one) calendar month from date of issue by Amazing Vouchers;

3.3.3 are only deemed secure if they are completed with the Member's name, signature, Membership and identity number;

3.3.4 are exclusive to the Amazing Vouchers Members only and may not be duplicated under any circumstances whatsoever;

3.3.5 availability for redemption and benefit are subject to the availability of the Partner and booking is required;

3.4 The Partner:-

3.4.1 may demand that the Member provides identification at the point of redemption of the Partner Vouchers to confirm Membership;

3.4.2 reserves the right to vary prices, times, offers and availability, as well as change or discontinue their services on the giving of reasonable notice.

4. MONTHLY SUBSCRIPTIONS & CHARGES

4.1 In consideration for the provision of the Vouchers and any other products and services supplied by Amazing Vouchers to the Member, the Member shall pay Monthly Subscriptions and Charges as more fully elaborated upon in the individual Packages Specific Terms and Conditions hereunder.

4.2 Amazing Vouchers may on thirty (30) days notice to a Member vary any Monthly Subscription or Charges, either in whole or in part, with effect from the date specified on the notice.

5. AV DISCOUNTS SPECIFIC TERMS & CONDITIONS

5.1 Benefits:-

The AV Discounts Package benefits shall include:-

5.1.1 Twelve (12) months access to Partner Vouchers, excluding any free offerings by Partners.

5.2 Monthly Subscription & Charges:-

5.2.1 Monthly Subscriptions:- Twelve (12) months x R 49-00.

5.2.2 Once Off Registration Fee:- R 50-00;

Without derogating from the provisions of this Agreement, Amazing Vouchers may on thirty (30) days notice to a Member vary the Monthly Subscription or Charges, either in whole or in part, with effect from the date specified on the notice.

6. AV FREEBIES SPECIFIC TERMS & CONDITIONS

6.1 Benefits:-

The AV Freebies Package benefits shall include:-

6.1.1 Twelve (12) months access to Partner Vouchers, including any free offerings by Partners.

6.2 Monthly Subscription & Charges:-

6.2.1 Monthly Subscriptions:- Twelve (12) months x R 199.

6.2.2 Once Off Registration Fee:- R 150-00;

Without derogating from the provisions of this Agreement, Amazing Vouchers may on thirty (30) days notice to a Member vary the Monthly Subscription or Charges, either in whole or in part, with effect from the date specified on the notice.

7. AV VACATIONS PACKAGE SPECIFIC TERMS & CONDITIONS

7.1 Benefits:-

The AV Vacations Package benefits shall include:-

7.1.1 Twelve (12) months access to Partner Vouchers;

7.1.2 1 (one) week self catering holiday, valid for 2 (two) persons per available one (1) bedroom unit, or 4 (four) persons per available two (2) bedroom unit, or 6 (six) persons per available three (3) bedroom unit, at various Amazing Vacation locations as published from time to time.

7.2 Monthly Subscription & Charges:-

7.2.1 Monthly Subscriptions:- Twelve (12) months x R 399.

7.2.2 Once Off Registration Fee:- R 200-00;

7.2.3 Booking Fee:- R 2 000-00.

Without derogating from the provisions of this Agreement, Amazing Vouchers may on thirty (30) days notice to a Member vary the Monthly Subscription or Charges, either in whole or in part, with effect from the date specified on the notice.

7.3 Specific AV Vacation Package Terms & Conditions:-

The AV Vacations benefit mentioned in clause 8.1.2 above is subject to the following conditions:-

7.3.1 payment by the Member of 12 (Twelve) consecutive Monthly Subscriptions and other Charges to Amazing Vouchers during the Initial Period;

7.3.2 the benefit is available for redemption and use within a period of 12 (Twelve) months after expiry of the Initial Period, whereafter the benefit shall expire;

7.3.3 the receipt by Amazing Vouchers of a request for a booking in writing and payment of the booking fee at least 35 (thirty five) days prior to the intended stay, which booking can only be made after the Member has complied with the provisions set out in clause

7.3.4 above, which booking shall furthermore be subject to the terms and conditions of the venue;

7.3.5 the availability of the accommodation so booked;

7.3.6 the advance payment of the Booking Fee at the time of booking;

7.3.7 receipt by Amazing Vouchers of any further duly completed and signed indemnity form, if requested;

7.3.8 cancellations by the Members of the bookings are to be in writing and are subject to the forfeiture of the benefit and the debiting of cancellation fees as follows:-

7.3.7.1 forfeiture of 50% (fifty percent) of the Booking Fee if the notification is received 28 to 15 days prior to the booking period;

7.3.7.2 forfeiture of 75% (seventy five percent) of the Booking Fee if the notification is received 14 to 7 days prior to the booking period;

7.3.7.3 forfeiture of 100% (one hundred percent) of the Booking Fee if the notification is received less than 7 days prior to the booking period;

7.3.8 the Member shall not be entitled to any reduction or repayments of the Monthly Subscriptions or Charges in the event that the Member reduces the period of his/her benefit, for any reason whatsoever;

7.3.9 the benefit can only be redeemed by a Member and does not have any monetary value and is accordingly not transferable, exchangeable, for sale or redeemable for cash. To this end, the Member will be required to present positive identification and proof of Membership on booking and on arrival at the establishment.

7.3.10 Notwithstanding the provisions of clause 9 hereof, it is hereby recorded that Amazing Vouchers shall accept no responsibility for losses to the Member or its invitees for any claims, including but not limited to:-

7.3.10.1 responsibility for personal body injury, death, accident, loss, theft, or damaged property, loss of mental or physical enjoyment, delay or inconvenience;

7.3.10.2 any delays or changes in schedule or itineraries incurred by any person arising out of any wilful or negligent act or omission;

7.3.10.3 the acts or omissions of any party;

7.3.10.4 monetary crisis, labour problems, economic changes, mechanical maintenance or construction difficulties or noises, climate aberrations, local laws, novel or unexpected conditions;

7.3.10.5 additional expenses due to delay or changes in air or other services, missed carrier connections, substitute accommodations termination of services, cancellation of tickets, sickness, strike, war, quarantine, pilferage, monetary crises, political or social unrest, disease, acts of God or any events beyond their control. Accordingly the Members and their guests covenant and agree that Amazing Vouchers, its owners and assigns are not responsible for any injuries or damages. Therefore, each Member and his/her guest agrees that he or she is voluntary participating in any and all activities, risks, and use of the accommodations, facilities, swimming pool, internet and equipment, and hereby assumes all risk of injury, illness, damage or loss to person and property that may result.

8. LIMITATION OF LIABILITY:

AMAZING VOUCHERS MAKES NO WARRANTY, NOR ACCEPTS ANY RESPONSIBILITY OR LIABILITY OF ANY NATURE WHATSOEVER, FOR:-

8.1 ANY CLAIMS, LOSS OR DAMAGE OF WHATSOEVER NATURE ARISING OUT OF OR IN CONNECTION WITH THE SUPPLY OF ANY GOODS AND/OR SERVICES AND/OR ACCOMMODATION AND/OR APPLICATION, IN ANY WAY RELATED TO THE AGREEMENT;

8.2 THE TERMINATION AND/OR SUSPENSION OF THE AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS;

8.3 ANY REWARDS OR PARTNER VOUCHERS NOT BEING CORRECT, MADE AVAILABLE TIMEOUSLY, OR NOT BEING AVAILABLE FOR ANY REASON WHATSOEVER.

9. RELAXATION

No extension of time, waiver or relaxation of any of the provisions or terms of this Agreement or any document issued pursuant to or in terms of this Agreement shall operate as an estoppel against any party in respect of its rights under this Agreement, nor shall it operate so as to preclude such party (save as to any extension, waiver or relaxation actually given) thereafter from exercising its rights strictly in accordance with this Agreement.

10. PERSONAL DATA

10.1 Amazing Vouchers agree that they will collect personal data only in a fair and lawful manner and each Member consents to the collection and use of such data;

10.2 Amazing Vouchers undertake not to use or disclose in any way or permit the use or disclosure of such personal data that could be used to identify an individual Member except:-

10.2.1 when Amazing Vouchers is required by law to disclose such personal data;

10.2.2 when the Member consents in writing to the use or disclosure of such personal data; and/or

10.2.3 when Amazing Vouchers needs such personal data for the proper functioning of the Amazing Vouchers programme;

10.3 Whilst Amazing Vouchers will take all reasonable steps to ensure the security and privacy of Members' personal information, Members acknowledge that it is not possible for Amazing Vouchers to ensure complete security and privacy of all Members' information and Members agree that they will have no claims against Amazing Vouchers in the event of a failure of security or privacy.

10.4 Amazing Vouchers may send promotional material to its Members from time to time and the Member has the right to require that Amazing Vouchers desist from sending the Member such communications.

11. MOBILE APPLICATION

The Amazing Vouchers Mobile Application is currently released as version 1.05. The Member's installation and use of the Application signifies acceptance of the standard terms of use contained herein and in the event that the Member does not agree to these terms of use, the Member is to remove the Application from his or her device(s) and cease all use of the Application. The Member, inter alia, agrees as follows:-

11.1 Should the Member encounter any bugs, glitches, lack of functionality or other problems on the Application, the Member is then requested to report this to Amazing Vouchers, which may at its sole discretion make any modifications to the Application;

11.2 The Application requires internet access to be able to connect to the server and access Partner Vouchers and personal profile information;

11.3 The Application does not store any information on the Member's mobile phone, other than the Application itself, when not connected to the internet;

11.4 The Member is responsible for maintaining confidentiality of his/her username, password and other sensitive information and Amazing Vouchers is not responsible for any loss or damage to the Member or to any third party, incurred as a result of any unauthorised access and/or use of the Membership account, or otherwise;

11.5 The Application is only to be used by paid-up Members;

11.6 "Amazing Vouchers" is a trademark and Members agree not to display or use, in any manner, the Amazing Vouchers trademark, without Amazing Vouchers' prior written permission;

11.7 The member expressly understands and agrees that the use of the Application is at the member's sole risk. The application is provided on an as-is-and-as-available basis. Amazing Vouchers expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose and Amazing Vouchers makes no warranty that the application will be uninterrupted, timely, secure, or virus free. Use of any material downloaded or obtained through the use of the application shall be at the member's own discretion and risk and the member will be solely responsible for any damage to his or her computer system, mobile telephone, wireless device or data that results from the use of the application or the download of any such material. No advice or information, whether written or oral, obtained by the member from Amazing Vouchers, its employees or representatives shall create any warranty not expressly stated in the terms;

11.8 The member agrees that Amazing Vouchers shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by the member's use of or inability to use the application, even if Amazing Vouchers has been advised of the possibility of such damage. The Members sole and exclusive remedy for any dispute with Amazing Vouchers related to any of the services shall be deleting the Application and in no event shall Amazing Vouchers' entire liability to the member in respect of any service, whether direct or indirect, exceed the fees paid by the member towards this application, if any;

11.9 The Member agrees to indemnify and hold harmless Amazing Vouchers, its officers, directors, employees, Partners, suppliers and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the Member has used the Application in violation of another party's rights, in violation of any law, in violation of any provisions of the terms, or any other claim related to the Member's use of the Application, except where such use is authorised by Amazing Vouchers;

11.10 Amazing Vouchers may modify the terms of use of the Application upon notice to the Member at any time. The Member will be provided notice of any such modification by electronic mail or by publishing the changes on the website www.amazingvouchers.com. The Member may terminate his or her use of the Application if the terms are modified in a manner that substantially affects the Members rights in connection with use of the Application and the Member's continued use of the Application after notice of any change to the terms will be deemed to be the Members agreement to the amended terms.

12. BREACH

12.1 In the event that a Member pays Amazing Vouchers by debit order, the Member will commit a breach of this Agreement if he/she:-

12.1.1 cancels such debit order without the prior written consent of Amazing Vouchers;

12.1.2 changes the banking details upon which the debit order relies without giving Amazing Vouchers prior written notification of such change and providing Amazing Vouchers with the Member's new banking details.

12.2 In the event that the Member breaches any term of this Agreement, including a failure to pay any amount owing to Amazing Vouchers on the due date, Amazing Vouchers may elect to either terminate this Agreement or call for specific performance of all of the Member's obligations, including the immediate payment of all sums owing by the Member, whether or not they are due, in either event without prejudice to Amazing Vouchers' right to seek such damages as it may have suffered by reason of such breach or failure.

12.3 Amazing Vouchers shall be entitled forthwith and without notice, to terminate this Agreement in the event that the Member is sequestrated, whether provisionally or finally and whether voluntarily or compulsory.

12.4 In the event that the Member fails to effect payment of any amount owing to Amazing Vouchers on the relevant due date, then, without derogating from its rights herein contained, interest will be payable. The Member shall be liable to effect payment of interest to Amazing Vouchers of the amount so owing at the rate of 20% per annum compounded monthly in arrears from the due date of payment to the date of payment; alternatively, and without derogating from the provisions of clause 13.2, if the debit order by which a Member pays his premium is returned unpaid by his bank on three successive due dates, Amazing Vouchers may elect, in its discretion as an alternative to cancellation and without further notice, to reduce the Member's monthly subscription amount and benefits to R99 per month which provides 10 (ten) vouchers valued at R100 or lower per month in which case the following will apply:

12.4.1 The reduced monthly subscription amount will be debited against the Member's bank account the following month on the same day as the previous unpaid premium and monthly thereafter. If the subsequent debit order is returned unpaid, this Agreement contract will automatically be cancelled one month after the last day the Member paid the full subscription amount without prejudice to Amazing Vouchers' right to seek to recover such damages as it may have suffered by reason of the breach by the Member;

12.4.2 Other than the change to the benefits and subscription amount, the terms and conditions of this Agreement contract will remain unchanged.

12.5 A certificate under the hand of any manager of Amazing Vouchers certifying the sum of any amount owing by the Member to Amazing Vouchers, shall be prima facie proof of its contents and sufficient proof for the purposes of enabling Amazing Vouchers to obtain any judgement or order against the Member.

12.6 In the event that the Member breaches any term of this Agreement, then the Member agrees that he/she shall be liable for all legal expenses of Amazing Vouchers on the scale as between attorney and client, which shall include interest, tracing fees and collection commission as the case may be.

13. SEVERABILITY

If any term, condition, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, or requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.

14. DOMICILIUM

14.1 The Member chooses as his/her address to receive any legal documents for all purposes under this Agreement as the physical address which was supplied in the Member's Telephonic Agreement with Amazing Vouchers.

14.2 All notices delivered in terms of this Agreement must be in writing.

14.3 If any notice is delivered by hand, it will be deemed to have been delivered on the date of delivery. If any notice is transmitted by fax or e-mail, it shall be deemed to have been received on the day of transmission. If a notice is delivered by post, it shall be deemed to have been delivered on the fifth day following transmission unless such day is a Saturday, Sunday or public holiday, in which case it shall be deemed to have been received on the first business day following such date

15. DISPUTE RESOLUTION

If Amazing Vouchers so decides, it may refer any dispute between a Member and Amazing Vouchers to arbitration, to which the Members consent. Such arbitration will be carried out in terms of the rules of the Arbitration Foundation of Southern Africa

16. NON-VARIATION

No addition to or variation, consensual cancellation or novation of this agreement and no waiver of any right arising from this agreement or it's breach or termination shall be of any force or effect unless reduced to writing and signed by all parties or their duly authorised representatives.