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Terms & Conditions
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’s Vouchers and other optional benefits if applicable;
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, as more fully amplified and confirmed herein;
1.3 “Amazing Assistance” shall mean an optional membership offered by Amazing Vouchers to Members for various services, subject to the conclusion of the necessary Agreement, payment by the Member of the additional charges, as more fully amplified and confirmed herein;
1.4 “Amazing Vacations” shall mean an optional membership offered by Amazing Vouchers to Members of a one (1) week self-catering holiday accommodation subject to conclusion of the necessary Agreement, payment by the Member of the additional charges, as more fully amplified and confirmed herein;
1.5 "Amazing Vouchers" shall mean The Amazing Vouchers Trust, a Trust duly incorporated in accordance with the provisions of the Trust Property Control Act 57 of 1988 (as amended) and with postal address at Postnet Suite #212, Private Bag X335, Cape Town, 8000
1.6 "Day" shall refer to business days and where a particular number of business days provided for the happening of one (1) event and another, then the number of days are calculated by:-
1.6.1 excluding the day on which the first such event occurs;
1.6.2 including the day on or by which the second event is to occur;
1.6.3 excluding any public holiday, Saturday and Sunday that falls on or between the days contemplated in paragraphs 1.6.1 and 1.6.2 respectively;
1.7 "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 immediately entitle the Member to access, inspect and use the product after the telephonic agreement has been concluded;
1.8 "Electronic Communication" includes communication by telephone, email, fax, sms, internet and any similar technology or device;
1.9 “Initial Period” shall mean a period of 12 (Twelve) calendar months commencing on Activation;
1.10 "Member" shall mean a natural person who is a South African resident and who must be over 18 (eighteen) years old and who has applied to and /or has been accepted by Amazing Vouchers to be entitled to their Partner’s Vouchers, and the optional benefits of Amazing Assistance and Amazing Vacations, as more fully amplified and confirmed herein;
1.11 “Renewal Period” shall mean a period of 12 (Twelve) calendar months commencing on the first calendar day immediately after:-
1.11.1 the expiration of the Initial Period;
1.11.2 the anniversary of the expiration of the Initial Period as the case may be.
1.12 "SMS" shall mean a short message service provided through a tele-communication system;
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’s Vouchers entitling them to various benefits and discounts;
1.14 “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;
1.15 “Partner’s Vouchers” shall mean the vouchers issued by Amazing Vouchers on behalf of Partners in favour of Members for various benefits and discounts.
2. COMMENCEMENT & TERMINATION
2.1 The agreement shall commence on the date of Activation and shall subject to the provisions set out in clauses 2.2 and 10 below, continue for the Initial Period and thereafter continue automatically for an unlimited number of Renewal Periods unless terminated:-
2.1.1 by the Member, on expiration of the Initial Period or a Renewal Period, as the case may be, by giving Amazing Vouchers written notice of termination of not less than 1 (one) calendar month’s notice and not more than 3 (three) calendar month’s notice before the expiration of the Initial Period or a Renewal Period, as the case may be;
2.1.2 by Amazing Vouchers, forthwith on notice to the Member in the event that the entitlement to the Partner’s Vouchers is terminated for whatsoever reason.
2.2 It is recorded that the Member may by written notice add, reduce or withdraw, from this 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.
3. GENERAL
3.1 Amazing Vouchers:-
3.1.1 undertake to distribute to the Member by mail or electronic communication, monthly Partner’s Vouchers affording the Member benefits and discounts offered by Partners;
3.1.2 distribute the Partner’s Vouchers on behalf of the Partners and 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.
3.2 The Member warrants and undertakes 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;
3.2.2 he/she shall only be entitled to redeem 1 (one) Partner’s Voucher per Partner per month and only 1 (one) Partner’s Voucher may be used by the Member per booking;
3.2.3 he/she shall be liable for all reasonable costs incurred by the Partner for any booking not adhered to or cancelled at least 48 (forty-eight) hours prior thereto;
3.2.4 all risk in and to the Membership card and 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;
3.2.5 If the Membership Card or monthly Partner’s Vouchers are lost, stolen or damaged, the Member is to immediately notify Amazing Vouchers in writing and shall remain liable for all costs and charges pertaining to the Membership. Amazing Vouchers shall as soon as is reasonably possible after receipt of written notification of the loss, theft or damage, issue to the Member a replacement Membership Card or monthly Partner’s Vouchers and may in its sole discretion require the Member to effect a payment of a reasonable charge for the cost thereof.
3.3 The Partner’s 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 30 (thirty days) from date of issue by Amazing Vouchers;
3.3.3 are only deemed secure if the 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 is 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 voucher to prove Membership;
3.4.2 may demand presentation of the Amazing Vouchers Membership card;
3.4.3 reserves the right to vary prices, times, offers and availability, as well as change or discontinue their services at any time without notification.
4. AMAZING VACATIONS
Amazing Vouchers offer membership to a further optional benefit of a 1 (one) week self catering holiday, at various locations as published from time to time, subject to the following conditions:-
4.1 Amazing Vacations are only offered to Members who have in aggregate made 12 (Twelve) successful payments of the monthly subscriptions (mentioned in clauses 6.1.3.1 and 6.1.3.2) to Amazing Vouchers, either:-
4.1.1 consecutively;
4.1.2 cumulatively, in the event that the member wishes to pay either the full 12 (twelve) months subscriptions in advance, or the remaining portion thereof so as to avail him/herself to the offer of Amazing Vacations;
4.2 the offer of Amazing Vacations is limited to 1 (one) week per Member for each aggregate 12 (Twelve) successful payments of the monthly subscriptions to Amazing Vouchers;
4.3 the booking by the Member for Amazing Vacations, is subject to the following conditions:-
4.3.1 receipt by Amazing Vouchers of a request for booking in writing, which can only be made after the member has complied with the provisions set out in clause 4.1 above;
4.3.2 the availability of the self-contained units during the period so booked;
4.3.3 the up-front payment of the booking fee and breakages deposit (as published from time to time) at least 28 (twenty-eight) days prior to the intended stay;
4.3.4 receipt by Amazing Vouchers of the duly completed and signed indemnity form, whereby the Member undertakes to maintain the unit in the same condition and state of cleanliness as when it was received and furthermore accepts liability for any reasonable costs incurred by Amazing Vouchers to correct or replace items of furnishings removed, damaged or destroyed during the Member’s stay;
4.3.5 the right of Amazing Vouchers, in its sole discretion, to cancel any bookings subject to the duty to refund to the Member the up-front payment of the booking fee and breakages deposit paid as set out hereinabove;
4.3.6 the booking shall only be deemed to be confirmed on issue by Amazing Vouchers of a written confirmation of booking, after compliance by the Member with all the conditions set out hereinabove.
4.4 cancellations by the Members of the Amazing Vacations bookings are to be in writing and are subject to the debiting of cancellation fees as follows:-
4.4.1 forfeiture of 50% (fifty percent) of the booking fee if the notification is received 28 to 15 days prior to the booking period;
4.4.2 forfeiture of 75% (seventy five percent) of the booking fee if the notification is received 14 to 7 days prior to the booking period;
4.4.3 forfeiture of 100% (one hundred percent) of the booking fee if the notification is received less than 7 days prior to the booking period;
4.5 The Member shall not be entitled to any reduction or repayments of the up-front booking fee in the event that the Member reduces his/her stay during the Amazing Vacations booking period, for any reason whatsoever.
4.6 The offer of Amazing Vacations can only be exercised and enjoyed by a Member, and do 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 exercising his entitlement to Amazing Vacations.
5. AMAZING ASSISTANCE
Amazing Vouchers offer membership to a further optional benefit of assistance for:-
5.1 Home Emergency Assist;
5.2 Emergency Medical Assistance;
5.3 EA Touch;
5.4 Roadside Assistance;
5.5 Legal Assistance, subject to payment of the monthly subscriptions (mentioned in clauses 6.1.3.1 and 6.1.3.3) to Amazing Vouchers and the conditions as published from time to time by Europ Assistance Worldwide Services (SA) (Pty) Ltd.
6. CHARGES
6.1 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:-
6.1.1 a once-off registration fee of R 100-00, which includes card issue and insurance;
6.1.2 an annual administration fee of R100-00 payable in December of every year;
6.1.3 a monthly subscription of:-
6.1.3.1 R 195-00 for Partner’s Vouchers;
6.1.3.2 R 100-00 additional subscription for the optional Amazing Vacations benefits;
6.1.3.3 R 49-00 additional subscription for the optional Amazing Assistance benefits;
6.1.4 solely in respect of Amazing Vacations, an up-front booking fee of:-
6.1.4.1 R 500-00 per bedroom for a one (1) week accommodation booking out of season (ie. during the period ); or
6.1.4.2 R 1,000-00 per bedroom for a one (1) week accommodation booking in season (ie. during the period ) or
6.2 Without derogating from the provisions of this agreement, Amazing Vouchers may on notice to the Member vary any charges, either in whole or in part, with effect from the date specified on the notice.
6.3 In the event that the Member pays Amazing Vouchers by debit order, the Member will commit a breach of this Agreement if he/she:-
6.3.1 Cancels such debit order without the prior written consent of Amazing Vouchers;
6.3.2 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.
7. LIMITATION OF LIABILITY:
Amazing Vouchers makes no warranty, nor accepts any responsibility or liability of any nature whatsoever, for:-
7.1 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, in any way related to the Agreement;
7.2 The termination and/or suspension of the Agreement;
7.3 Any rewards or Partner’s Vouchers not being correct or not being available for any reason whatsoever.
8. RELAXATION
The Member agrees that no relaxation or indulgence granted by Amazing Vouchers and no omission by Amazing Vouchers to timeously and/or diligently enforce any rights under this agreement, shall be deemed to amount to waiver of that or any other right.
9. PERSONAL DATA
9.1 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;
9.2 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:-
9.2.1 when Amazing Vouchers is required by law to disclose such personal data;
9.2.2 when the Member consents in writing to the use or disclosure of such personal data; and/or
9.2.3 when Amazing Vouchers needs such personal data for the proper functioning of the Amazing Vouchers programme;
9.3 Amazing Vouchers commits to take reasonable steps to ensure that Member data is kept in a secure location and is protected from unauthorised physical and technical access or disclosure.
9.4 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.
10. BREACH
10.1 In the event that the Member breaches any term of this Agreement or fails to fulfil any obligation resting upon him, including a failure to pay any amount owing to Amazing Vouchers on due date, then without prejudice to Amazing Vouchers’ rights, it may forthwith and without notice to the Member either terminate this Agreement or call for specific performance of all of the Member’s obligations and immediate payment of all sums of money 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;
10.2 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.
10.3 In the event that the Member fails to effect payment of any amount owing to Amazing Vouchers on due date, then, without derogating from its rights herein contained, 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 from due date to date of payment;
10.4 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;
10.5 In the event that the Member breaches any term of this Agreement, it agrees that it 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.
11. 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.
12. 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.
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