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Customer Terms and Conditions
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INTRODUCTION
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\r\n These terms and conditions of use (the \"Terms\") govern your (“you”,\r\n “your” or “user”) registration, participation in, and use of the\r\n Hola Club Rewards Programme (“Rewards Programme”), and use of the\r\n Rewards Programme customer loyalty card (“Hola Club card”), which is\r\n owned and operated by Touchsides S.A. (Pty) Ltd (\"Touchsides\", \"\r\n we\", \"us\" or “our”).\r\n
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\r\n The Terms include and incorporate our privacy policy, attached\r\n herein (the “Privacy Policy”). Please read the Terms carefully and\r\n should you have enquiries, please contact us at +27 (10) 312 5105.\r\n
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ACCEPTANCE OF TERMS
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\r\n By registering for the Rewards Programme and using your Hola Club\r\n Card you agree to be bound by these Terms. By registering or using\r\n the Rewards Programme, you warrant that you are 18 years of age or\r\n older and that you have the capacity to conclude contractual\r\n arrangements and to accept the Terms.\r\n
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\r\n If you do not agree to these Terms, you must not, and you are not\r\n permitted to register for, or use the Rewards Programme. If you\r\n disagree with the Terms at a later stage, after registering for\r\n and/or using the Rewards Programme, you must immediately stop\r\n participating in the Rewards Programme.\r\n
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REGISTRATION
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\r\n In order to participate in the Rewards Programme and claim rewards\r\n relating to promotions run on the Rewards Programme (“Rewards”) you\r\n will need to obtain a unique Hola Club Card and then complete the\r\n registration process.\r\n
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\r\n You may register for the Rewards Programme via Unstructured\r\n Supplementary Service Data (“USSD”) or via website form.\r\n
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\r\n You are required to provide the following information in order to\r\n register for the Rewards Programme:\r\n
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\r\n - Full name and surname;
\r\n - Cell phone number;
\r\n - Gender;
\r\n - Date of birth;
\r\n - \r\n Rewards Programme customer loyalty card (“Hola Club card”) number;\r\n
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\r\n For details on how we process your personal information please see\r\n our Privacy Policy. A successful Hola Club Card registration creates\r\n your unique profile that is linked to your Hola Club Card and your\r\n cell phone number. An SMS confirming your registration as a member\r\n of the Rewards Programme will be sent to you.\r\n
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\r\n CHANGES TO THE TERMS AND TO THE REWARDS PROGRAMME\r\n
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\r\n We may, at any time, amend the Terms and may inform you of the\r\n changes. Without limiting the ways in which we may inform you of any\r\n changes to the Terms, we may notify you either by e-mail, SMS,\r\n WhatsApp, or by placing a notice on the Hola Club website. You are\r\n advised to review the Terms at regular intervals in order to ensure\r\n that you are satisfied with any amendments to the Terms. In the\r\n event that you disagree with any amendments to the Terms, you must\r\n immediately cease all use of the Rewards Programme and opt out of\r\n the Rewards Programme (refer to the Privacy Policy).\r\n
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\r\n We may continuously or from time to time update the Rewards\r\n Programme and we reserve the right to make changes on how we offer,\r\n provide and operate the Rewards Programme. We may, at our sole\r\n discretion, from time to time, change, vary or amend the form,\r\n appearance, functionality and content of the Rewards Programme,\r\n including through correction of inherent errors and improvements\r\n which result in additional functions or features and introducing new\r\n versions of the Rewards Programme incorporating new or enhanced\r\n functionality.\r\n
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\r\n YOUR INTERACTIONS WITH THIRD PARTIES ON THE REWARDS PROGRAMME\r\n
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\r\n As far as the law allows, Touchsides shall not be liable for your\r\n interactions with any organisations and/or individuals including an\r\n outlet.\r\n
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HOLA CLUB CARD
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\r\n An outlet will provide you with a Hola Club Card upon request\r\n (subject availability). Subject to the Consumer Protection Act of\r\n 2008 and the Electronic Communications and Transactions Act of 2002,\r\n Touchsides shall not be responsible or liable for any loss or damage\r\n of any sort incurred as the result of any of your dealings or\r\n interactions with an outlet, any other third parties and/or the\r\n Rewards Programme).\r\n
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\r\n If there are any images or packaging of products on the Hola Club\r\n device, please note that these are provided by the outlet and are\r\n for illustrative purposes only. Touchsides cannot and does not\r\n warrant that the products displayed on the Hola Club device are\r\n accurately described or reflected.\r\n
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UTILISATION
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\r\n Each Hola Club Card is unique and must only be used by you.\r\n
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\r\n The Hola Club Card is issued by, and remains the property of\r\n Touchsides. Touchsides may withdraw or cancel your Hola Club Card or\r\n take any other action it may deem appropriate if it suspects fraud,\r\n misconduct or unauthorised use of your Hola Club Card. The Hola Club\r\n Card shall become invalid once cancelled in such circumstances and\r\n you will not be able to redeem any stored Rewards on your Hola Club\r\n Card. If you fail to use your Hola Club card for a continuous period\r\n of 3 months, Touchsides reserves the right to terminate your\r\n membership with the Rewards Programme. Touchsides reserves the right\r\n to terminate your membership, if in sending promotional messages to\r\n you, Touchsides fails to contact you after 3 SMS attempts in a\r\n period of 4 weeks or such other number of attempts as Touchsides may\r\n determine.\r\n
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\r\n - \r\n There is no registration fee and the Hola Club Card is free of\r\n charge.\r\n
\r\n - \r\n You can only use your Hola Club Card at any participating outlet\r\n as described in these Terms.\r\n
\r\n - \r\n We are not liable for lost, stolen or damaged Hola Club Cards.\r\n
\r\n - \r\n We will (at our sole discretion) replace any lost, stolen or\r\n damaged Hola Club Card with a new one.\r\n
\r\n - \r\n To report your Hola Club Card lost, stolen or damaged please\r\n contact us at +27 (10) 312 5105 and we will notify you how you may\r\n obtain your replacement Hola Club Card.\r\n
\r\n - \r\n Hola Club Cards may not be sold, exchanged or used for any other\r\n purpose, except as specified in these Terms, without Touchsides’\r\n written permission.\r\n
\r\n - \r\n Touchsides does not warrant or represent that your Hola Club Card\r\n will always be accepted at participating outlets.\r\n
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REWARDS
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\r\n - \r\n Rewards are issued by third parties (“Brand” or “Brands”) and not\r\n Touchsides. As such, Touchsides is never responsible for any\r\n Rewards and should you have any questions or complaints regarding\r\n a Reward, please notify the party running the promotion in\r\n question.\r\n
\r\n - \r\n All promotions and Rewards are subject to any specific terms and\r\n conditions related to such promotion or Reward.\r\n
\r\n - \r\n In order to earn Rewards you must: (i) have registered your Hola\r\n Club Card; (ii) have your purchased products scanned at the till\r\n point and tap your Hola Club Card on the Hola Club device prior to\r\n paying; and (iii) comply with the terms and conditions of the\r\n promotion, the Terms and any other terms stipulated by Touchsides\r\n or the Brand. Any purchases made without complying with the above\r\n will mean that you do not qualify for any Rewards.\r\n
\r\n - \r\n Rewards are only valid for the duration of the particular\r\n promotion for which it was earned and expire immediately at the\r\n end of each promotion.\r\n
\r\n - \r\n The Rewards cannot be exchanged and are non-transferable.\r\n
\r\n - \r\n Rewards older than 3 months or beyond validity, whichever is\r\n earlier, may become invalid and expire. The validity periods of\r\n Rewards are subject to change from time to time at the sole\r\n discretion of Touchsides.\r\n
\r\n - \r\n Airtime rewards can only be redeemed by members with a pre-paid or\r\n top-up account, and only on the following networks: MTN, Cell C,\r\n Telkom and Vodacom. These networks and criteria are subject to\r\n change from time to time at Touchsides’ sole discretion.\r\n Touchsides accepts no responsibility whatsoever for any Reward\r\n which is not received by you if your cellphone number linked to\r\n the Rewards Programme does not meet the above criteria. You\r\n accordingly waive any right to claim compensation under these\r\n circumstances.\r\n
\r\n - \r\n Touchsides accepts no responsibility whatsoever for any Reward\r\n which is not received by you for any reason. You accordingly waive\r\n any right to claim compensation under these circumstances.\r\n
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TERMINATION BY US
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\r\n You agree that Touchsides may, at its sole discretion, suspend or\r\n terminate your access to all or part of our services, including our\r\n website and the Rewards Programme with or without notice and for any\r\n reason, including, without limitation, breach of the Terms.\r\n
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TERMINATION BY YOU
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\r\n You have the right to terminate your registration with the Rewards\r\n Programme at any time, without reason, by emailing us at\r\n STOP@holaclub.co.za. Refer to the Privacy Policy for other ways of\r\n terminating your registration with the rewards Programme.\r\n
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CONSEQUENCES OF TERMINATION
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\r\n Where the registration is terminated for any reason, you will lose\r\n all your unused Rewards.\r\n
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\r\n Intellectual Property means all current and future\r\n intellectual property rights of any kind whatsoever and however\r\n embodied which may subsist or be capable of protection wheresoever\r\n in the world, including all patents, trademarks, service marks,\r\n design rights, present and future rights of copyright, source codes,\r\n rights in and to inventions, rights in and to trade secrets, rights\r\n in and to trade names, business names, domain names and logos, the\r\n right to keep information confidential and private, rights in and to\r\n know-how, rights in and to database (including rights of\r\n extraction), confidential information and all other intellectual\r\n property rights and rights of a similar character whether or not\r\n registered or capable of registration and all applications and\r\n rights to apply for protection of any of the same.\r\n
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\r\n All materials, texts, drawings, graphics, logos, icons and any data\r\n made available in relation to the Rewards Programme and the Hola\r\n Club Card (“materials”) are owned by Touchsides (or the Brand in\r\n relation to a promotion) and are therefore protected by both South\r\n African and international intellectual property laws. Accordingly,\r\n any unauthorised copying, reproduction, retransmission,\r\n distribution, dissemination, sale, publication, broadcast or other\r\n circulation or exploitation of the materials or any component\r\n thereof will constitute an infringement of such copyright and other\r\n intellectual property rights.\r\n
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RESTRICTIONS
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\r\n You may not copy or duplicate the Touchsides Intellectual Property\r\n or any part thereof without Touchsides’ express prior written\r\n consent.\r\n
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\r\n All Intellectual Property residing in the Rewards Programme is the\r\n exclusive property of Touchsides and the rights thereto, including\r\n the rights in and to the compilation of data stored on the Rewards\r\n Programme shall remain vested in Touchsides.\r\n
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\r\n Touchsides is entitled to take all and any steps necessary,\r\n including the institution of legal proceedings, to protect any\r\n Intellectual Property residing in or emanating from the Rewards\r\n Programme, including any Intellectual Property non-exclusively\r\n licensed to Touchsides by a third party, without notice to or\r\n permission from you.\r\n
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\r\n PERMITTED USE OF THE REWARDS PROGRAMME AND WHAT YOU ARE NOT ALLOWED\r\n TO DO\r\n
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\r\n You must notify us immediately if you suspect or discover any\r\n actual, threatened or suspected unauthorised use of the Rewards\r\n Programme. The Rewards Programme should only be used for the purpose\r\n as stipulated on the Rewards Programme and the Terms. Any conduct\r\n that violates the Terms, that is illegal, unlawful, and fraudulent\r\n or violates or infringes any rights, title or interest (including,\r\n but not limited to, any Intellectual Property rights) in or to the\r\n Rewards Programme is strictly prohibited.\r\n
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\r\n You may not utilize the Hola Club Card for commercial purposes\r\n without our prior written consent. You may not yourself or through a\r\n third party use the Hola Card for harmful, immoral, unlawful or\r\n illegal purposes. Touchsides reserves the right to refuse to accept\r\n a Hola Club Card or to limit the use of a Hola Club Card which it\r\n deems to have been tampered with, duplicated, damaged or which\r\n otherwise is suspected to be affected by fraud, misconduct or\r\n unauthorised use. You may not copy or duplicate the Touchsides\r\n Intellectual Property or any part thereof without express prior\r\n written consent.\r\n
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OWN RISK
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\r\n You use the Hola Club Card and participate in the Rewards Programme\r\n at your own risk and we make no representations or warranties about\r\n it.\r\n
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\r\n As far as the law allows, the Rewards Programme and the\r\n illustrations of products and information on the Hola Club device\r\n are provided to you on an \"as is\" and \"as available\" basis and\r\n without any representation or warranty whatsoever, whether express,\r\n implied or statutory (including any implied warranties of\r\n reliability, fitness for any particular purpose, or exclusion of\r\n errors or inaccuracies). As far as the law allows, neither\r\n Touchsides, nor any of its affiliates, Brands, shall be liable for\r\n any damages that may result from your registration for, and use of,\r\n the Rewards Programme, including, but not limited to, any damages or\r\n loss resulting from any interruption, failure, delay or cessation of\r\n transmission to or from the Hola Club device; any defect, failure,\r\n fault and/or delay in connectivity to the internet.\r\n
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\r\n Touchsides makes no representation and gives no warranties or\r\n undertakings regarding (i) the operation, integrity, compatibility,\r\n availability or functionality of the Rewards Programme; or (ii) that\r\n the Hola Club device and accordingly the content thereon will be\r\n available or accessible at all times, be uninterrupted, timely,\r\n error-free, secure or free from destructive code, or meet your\r\n individual requirements.\r\n
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WARRANTIES AND INDEMNIFICATION
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\r\n By using the Rewards Programme, you represent, warrant and undertake\r\n that at all times that you have the capacity to accept the Terms and\r\n that the Terms constitute an agreement valid and binding on you and\r\n enforceable against you in accordance with their terms. As far as\r\n the law allows, you indemnify Touchsides, its affiliates including\r\n their respective directors, shareholders, officers, employees,\r\n agents representatives and Brands and agree to hold us harmless from\r\n and against any and all loss, liability, costs or damages which we\r\n may suffer as a result of you infringing on or misusing any person's\r\n rights, including Intellectual Property rights; you failing to\r\n comply with the Terms; any deliberate or unlawful act that you\r\n commit, or your unlawful failure to act.\r\n
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\r\n You indemnify Touchsides, and its affiliates, including their\r\n respective employees, agents, representatives, officers, directors,\r\n shareholders and Brands, and hold them harmless against all losses,\r\n liabilities, costs, expenses, fines, penalties, damages and claims,\r\n and all related costs and expenses (including legal fees on the\r\n scale as between attorney and own client, tracing and collection\r\n charges, costs of investigation, interest and penalties), which you\r\n may sustain arising out of or in connection with registration with\r\n the Rewards Programme, your usage of the Rewards Programme,\r\n participation in the Rewards Programme, or termination of your\r\n membership in the Rewards Programme.\r\n
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\r\n You will defend, indemnify, and hold Touchsides, and its affiliates\r\n and their respective directors, shareholders, officers, employees,\r\n Brands, agents and representatives harmless from and against any\r\n third party suit, proceeding, assertion against any damages,\r\n judgments, liability, costs and expenses (including without\r\n limitation any reasonable attorneys’ fees) incurred arising from\r\n your material breach of these Terms, or your unauthorised use or\r\n misuse of the Rewards Programme.\r\n
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GOVERNING LAW
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\r\n The Terms shall be governed by and construed in accordance with the\r\n laws of the Republic of South Africa without giving effect to any\r\n principles of conflict of law. You consent to exclusive jurisdiction\r\n of the High Court of South Africa in respect of any disputes arising\r\n in connection with the services referred to herein, or the Terms, or\r\n any matter related to or in connection therewith.\r\n
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ENTIRE AGREEMENT
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\r\n The Terms and the Privacy Policy, set out the entire agreement\r\n between yourselves and us related to the subject matter hereof, and\r\n supersedes any and all prior terms, conditions, warranties and/or\r\n representations to the fullest extent permitted by law.\r\n
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DATA
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\r\n Touchsides shall be entitled to make use of all the data you provide\r\n for purposes of providing the Rewards Programme and Rewards to you.\r\n For more information please see our Privacy Policy.\r\n
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ASSIGNMENT
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\r\n Touchsides shall be entitled to cede, assign and delegate all or any\r\n of its rights and obligations in terms of the Terms.\r\n
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SEVERABLE
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\r\n All provisions of the Terms are, irrespective of the manner in which\r\n they have been grouped together or linked grammatically, severable\r\n from each other. Any provision of the Terms which is or becomes\r\n unenforceable in any jurisdiction, whether due to voidness,\r\n invalidity, illegality, unlawfulness or for any reason whatsoever,\r\n shall, in such jurisdiction only and only to the extent that it is\r\n so unenforceable, be excluded from the agreement between us and the\r\n remaining provisions of the Terms shall remain in full force and\r\n effect.\r\n
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NO WAIVER
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\r\n The failure by Touchsides to enforce any provision of the Terms\r\n shall not affect in any way its right to require performance of the\r\n provision at any time in the future, nor shall the waiver of any\r\n subsequent breach nullify the effectiveness of the provision itself.\r\n
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\r\n Touchsides S.A. Proprietary Limited details\r\n
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\r\n \r\n Full Name: Touchsides S.A. (Proprietary) Limited\r\n
\r\n \r\n Physical Address: President Place 3rd Floor Cnr.\r\n Jan Smuts Avenue & Bolton Road, Rosebank, Johannesburg, South\r\n Africa 2196\r\n
\r\n \r\n Telephone No.: +27 (10) 312 5105\r\n
\r\n \r\n Website Address: www.touchsides.com\r\n
\r\n \r\n Email Address: info@touchsides.com\r\n
\r\n \r\n Registration No.: 2007/007727/07\r\n
\r\n \r\n Country of incorporation: South Africa\r\n
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CHANGE LOG AS AT JULY 2021
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\r\n - \r\n Section 3: Registration\r\n
- \r\n Registration is no longer done on the device instore. Registration\r\n can now be done via USSD or via website form. The information\r\n collected during registration has also been updated.\r\n
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