Terms and Conditions

Terms and Conditions

1. INTRODUCTION

1.1    With effect from the date of acceptance hereof by GetSmartCard the subscriber appoints GetSmartCard to provide “the services” to and/or on behalf of the subscriber in accordance for the provisions hereof.

1.2    The subscriber agrees to be bound by the provisions contained in any notice, directive or applicable tariff plan issued or derived by GetSmartCard.

1.3    The subscriber acknowledges that the telephonic or written application form/voice mandate constitutes an offer by the subscriber, which may be accepted or refused by GetSmartCard at its sole discretion. The issue of the virtual membership card (sms) to the subscriber shall be deemed to constitute acceptance of the offer, by GetSmartCard and commencement of this agreement. This agreement shall become binding between GetSmartCard and the subscriber whether or not the subscriber was notified of the acceptance of the offer. The subscriber herewith expressly dispenses with notification of acceptance of the offer by GetSmartCard.

1.4    Clause headings are inserted for convenience and shall not be used in its interpretation, unless the context clearly indicates a contrary intention, an expression which denotes one gender includes the other gender and neuter as applicable , a natural person includes a juristic person and vice versa, the singular includes the plural and vice versa.

2. DURATION

2.1    This agreement shall continue for a minimum period of 12 months reckoned from the date of acceptance hereof by GetSmartCard (“the initial period”) and thereafter shall continue indefinitely until terminated by either party by the giving of 1 (one) month written notice of termination, which notice will be effective from the last day of the calendar month following receipt of such notice.

2.2    Any notice of termination or any other notice whatsoever by the subscriber to GetSmartCard shall be in writing to PO Box 2649 Paarl 7620.

2.3    In the event of death of the subscriber or in the event that either party is provisionally or finally liquidated, wound up or declared insolvent or in the event that either party enters into a scheme of arrangement or compromise with its creditors or allows a judgement to be entered against the name of the party and does not take steps for the rescission thereof within a period of 21 (twenty one) business days after the date of the judgement  then the other party shall be entitled immediately to terminate this agreement.

2.4    Termination of this agreement does not relieve the subscriber from the liability to pay chargers for the initial period plus notice period and one month’s cancellation debit.

3. PROVISION OF SERVICES

3.1  GetSmartCard shall be entitled in its sole discretion to suspend, cancel, vary or terminate this agreement or any part thereof, without GetSmartCard incurring any liability whatsoever in the event of non-availability of the services or if any agreement giving GetSmartCard the right to render the services, or any part thereof, or giving GetSmartCard access to anything relating to the service, is suspended, cancelled, varied or terminated.

3.2    The subscriber agrees if for any reason any of the agreements between the Discount issuer and/or Loyalty Management Service Provider and GetSmartCard are terminated so as to have the effect of GetSmartCard not being entitled to render their services, all of the rights and obligations of GetSmartCard in terms of this agreement may be assigned to any third party service provider.

3.3  GetSmartCard cards are issued by and remains the property of GTNDMedia Pty LTD

3.4  GetSmartCard will not be held liable should the Issuing Bank reject the application due to the applicant not meeting the necessary requirements by the Issuing Bank.

4. CHARGES

4.1    The subscriber shall pay to GetSmartCard :

4.1.1          Upon commencement hereof, the initial Joining and subscription Fee of (R199 for the Amazing Membership, R299 for Unlimited Membership and R349 for Platinum Membership)

4.1.2          Monthly in advance, the initial monthly subscription charge of R49 Amazing, R129 Unlimited and R179 Platinum Membership (increasing by R10 per annum January of every year)

4.1.3          On the given Pay date in March, a yearly admin fee of R50. On Cancellation, a cancellation fee of 1 premium with final debit.

4.1.4          The subscriber agrees that GetSmartCard shall be entitled from time to time to increase the charges payable by the subscriber to GetSmartCard for the services. GetSmartCard shall endeavour to give the subscriber prior notice of any such increase or variation but gives no undertaking in this regard.

5. PAYMENT

5.1    Payment shall be in the form of a Bank Debit Order.

5.2    The subscriber agrees that payment shall only have been made to GetSmartCard when the monies have been received into the GetSmartCard bank account.

5.3    Should any debit order be returned unpaid or stopped or be rejected for whatsoever reason or should GetSmartCard exercise its rights to suspend the provision of the services due to late or non-payment of any monies due in terms hereof by the subscriber, then the subscriber shall pay an administration charge as may be levied by GetSmartCard from time to time for each such non-payment, suspension or any other breach of this agreement which amount shall be payable upon demand and recoverable by GetSmartCard .

5.4    All monies payable by the subscriber to GetSmartCard in terms hereof shall be paid timeously on due date, free of deduction or set-off to GetSmartCard’s principal place of business. All payments will be effected on the last day of the month as per GetSmartCard’s direct debit date. (Unless otherwise stipulated and agreed to by either party on the mandate)

6. LIMITATION OF LIABILITY

GetSmartCard shall not be liable under any circumstances whatsoever for any loss or damage of any nature whatsoever (including loss of profit or any other special damages or indirect or consequential loss or damages) which the subscriber or any other person may suffer whether as a result of any breach by GetSmartCard of any of its obligations to the subscriber, or whether caused directly or indirectly by the non-functionality of the services and / or stored value card. GetSmartCard’s responsibility is to provide a platform to enable Discount offerings to communicate with the subscribers. However, the onus lies upon the Member to utilize the platform as provided by GetSmartCard. As a result, GetSmartCard will not be held responsible for any communication that is sent out.

7. BREACH

7.1    Should the subscriber breach any provision of this agreement including failing to pay GetSmartCard any monies due in terms hereof on due date, then GetSmartCard shall be entitled without prejudice to any of its other rights arising out of this agreement forthwith and without any liability towards the subscriber to suspend its provision to the subscriber of the services in whole or in part.

7.2    Any breach will entitle GetSmartCard to recover from the subscriber upon demand as liquidated damages hereby agreed to by the subscriber, an amount equal to the aggregate of all of the monthly subscription charges due until the expiry of the initial period plus notice period.

8. LEGAL COSTS

Should GetSmartCard instruct its attorneys to enforce any of GetSmartCard’s rights arising from this agreement or to institute action against the subscriber, then the subscriber shall be liable for all legal costs on attorney and own client scale including any collection commission incurred by GetSmartCard and the subscriber shall upon demand pay such costs.

9. GIFT VOUCHERS AND DISCOUNTS

GetSmartCard members have the added benefit of receiving 1 free gift voucher monthly. To qualify for this benefit, members need to be a paid member for 6 consecutive months. No same voucher may be claimed within a 6 month period. Members have the option of claiming a different voucher on a monthly basis. Gift vouchers, general services, deals or discounts can change at any giving time with no notice period. Free gift vouchers can be given to members at the discretion of GTNDMedia at any given time. 

Please note that cash redemptions are only valid after your 3rd successful subscription fee.

Cash redemptions are limited at R200 per month per category (Groceries, Fashion, Dining)

10. 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.

11. PERSONAL DATA

11.1 GetSmartCard 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;

11.2 GetSmartCard 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:

11.2.1 when GetSmartCard is required by law to disclose such personal data;

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

11.2.3 when GetSmartCard needs such personal data for the proper functioning of the GetSmartCard membership programme;

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

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

12. FAIR USE

The retailers represented on our website are not sponsors or otherwise affiliated with GetSmartCard.
The logos and other identifying marks are trademarks of and owned by each represented company and/or its affiliates.

13. BREACH

13.1 In the event that a Member pays GetSmartCard by debit order, the Member will commit a breach of this Agreement if he/she:

13.1.1 cancels such debit order without the prior written consent of GetSmartCard ;

13.1.2 changes the banking details upon which the debit order relies without giving GetSmartCard prior written notification of such change and providing GetSmartCard with the Member’s new banking details.

13.2 In the event that the Member breaches any term of this Agreement, including a failure to pay any amount owing to GetSmartCard on the due date, GetSmartCard 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 GetSmartCard’ right to seek such damages as it may have suffered by reason of such breach or failure.

13.3 GetSmartCard 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.

13.4 In the event that the Member fails to effect payment of any amount owing to GetSmartCard 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 GetSmartCard 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, GetSmartCard 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 R49 per month for GetSmartCard Amazing package in which case the following will apply:

13.4.1 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 GetSmartCard’ right to seek to recover such damages as it may have suffered by reason of the breach by the Member;

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

13.5 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 GetSmartCard on the scale as between attorney and client, which shall include interest, tracing fees and collection commission as the case may be.

14. 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.

15. DOMICILIUM

15.1 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 GetSmartCard.

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

15.3 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.

16. DISPUTE RESOLUTION

If GetSmartCard so decides, it may refer any dispute between a Member and GetSmartCard 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.

17. 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.