Copyright in information contained in this web site is owned by Pepkor.
You may use this information and reproduce it in hard copy for your own personal reference use only. The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written permission of Pepkor. Information of this web site is given by us in good faith and has been taken from sources believed to be reliable. We make no representations that the information contained on this web site is accurate, complete or fair and no reliance should be placed on it for any purpose whatsoever. The information contained herein is not intended to serve as financial or other advice. Pepkor shall not be liable to any person or company for use or reliance of any inaccurate information or opinions contained herein. Pepkor does not make any representation regarding any other web sites which may be accessed through this web site and accordingly accepts no responsibility for the content or use of such web sites or information contained therein. Pepkor shall not be liable to any party for any form of loss or damage incurred as a result of any use or reliance on any information contained on such a web site.
TERMS AND CONDITIONS APPLICABLE TO ELECTRONIC COMMUNICATION
All electronic communication, including all attachments thereto, is transmitted to you by Pepkor Retail Limited and all its divisions (“Pepkor”) on the following terms and conditions:
Full name of company: Pepkor Retail Limited
Registration number: 1986/003435/06
Country of registration: Republic of South Africa
If you agree at the till that we may use your information, you consent to -
Terms and Conditions of the Ackermans Credit Facility of Tenacity Financial Services (Pty) Ltd
The credit facility is granted by Tenacity who shall be governed by the following terms and conditions to which you must always adhere, as they constitute a binding agreement between you and Tenacity.
1. What we mean
1.1. 'agreement' means, these terms and conditions as well as the pre-agreement quotation which together will constitute a credit agreement in terms of NCA;
1.2. 'accountholder' means the person who has applied for and has been granted a credit facility by Tenacity;
1.3. 'account' means the credit facility opened in the name of the accountholder;
1.4. 'credit facility' means the total amount of credit approved by Tenacity to be utilised by the accountholder for the purchase of goods from any participating branches by utilising the card as a method of payment;
1.5. 'card' means the A-Plus plastic card issued to you, the accountholder, by us, which you must use to access your credit facility;
1.6. 'A-Plus' means the card acceptance brand for the participating branches.
1.7. 'participating branches' means the branches of Ackermans, Shoe City, Jay Jays Stores in the Republic of South Africa and Namibia that display the A-Plus acceptance sign;
1.8. 'processing' means any uses of or activities relating to personal information, including: (a) collecting, receiving, recording, organisation, storing, consulting, updating or changing information; (b) sending the information; (c) merging, linking, blocking, or deleting the information;
1.9. 'you' or 'your' includes the accountholder and any additional cardholder/s;
1.10. 'we' or 'us' means Tenacity who is the credit provider and duly registered as such in terms of NCA;
1.11. 'Tenacity' means Tenacity Financial Services (Proprietary) Limited (Registration No. 2007/003071/07, Credit Provider NCRCP 1638, Address : 1 Radnor Road, Parow Industria);
1.12. 'TRR' means 'Tenacity Reference Rate' being the reference rate determined by Tenacity which shall be the maximum interest rate specified in the pre-agreement quote;
1.13. 'NCA' means National Credit Act, 2005 (Act No. 34 of 2005), and the regulations promulgated thereunder, as amended from time to time.
2. Applying for a credit facility and the agreement
2.1. Any application for a credit facility is subject to our normal credit approval criteria.
2.2. By making application for a credit facility you are applying to enter into an agreement that shall be governed by the terms of the agreement. We have no obligation to approve this application.
2.3. Only natural persons may apply for the credit facility.
2.4. We will ask you for certain information before we can consider your application for a credit facility. You must provide complete and accurate information.
2.5. We must verify your identity and may decline the application if you cannot give us satisfactory proof of your identity.
2.6. Upon your acceptance of the pre-agreement quotation, the pre-agreement quotation together with these terms and conditions shall constitute a binding contract between you and us and the pre-agreement quotation shall be deemed to form part of these terms and conditions as the payment schedule required pursuant to the NCA.
3. Your card
3.1. Your card is the access to your credit facility.
3.2. You must sign your card in ink as soon as you receive it. Use the space provided at the back of the card.
3.3. The accountholder may have additional cards linked to the account if application for these additional cards has been approved by us. The accountholder will be liable for all amounts owing through the use of the main and additional cards.
3.4. Additional cardholder/s agree to be held jointly and severally liable as a co-principal debtor/s for all amounts owing on the account through the use of the additional card/s.
3.5. The issue of additional cards will not increase the credit limit we allow on the credit facility.
3.6. Tenacity will always remain the owner of the card/s.
4. Your credit facility
4.1. We decide the credit limit on the account (which may be varied from time to time) and you must ensure that you and any additional cardholders do not exceed this limit.
4.2. We have the right to reduce or cancel your credit facility at any time of which you shall be notified.
4.3. We may refuse to authorise purchases through using your credit facility for any reason whatsoever, including if you have exceeded your credit limit.
4.4. If we accept to process a transaction that results in you exceeding your credit limit, it does not mean that we have extended or increased your credit limit. Any such extension will be a temporary increase of your credit limit in order to allow the specific transaction.
5. Your credit limit
5.1. You may, by written notice, ask us to reduce your credit limit.
5.2. You may by written notice authorise us to apply annual increases to your credit limit, or withdraw that authorisation. Any increase of your credit limit will be in our sole discretion.
5.3. You may not make any purchases or obtain any services that will cause you to exceed your allocated credit limit.
5.4. We may, within our sole discretion and at any time, reduce the credit limit allocated to your account.
5.5. Your credit limit will be reflected on your monthly statement.
6. Using your card
6.1. Only the accountholder in whose name the card has been issued may use the card.
6.2. The card may only be used at any participating branch. The list of participating branches may be changed from time-to-time, which will be communicated to you.
6.3. You may use the card to pay for goods and services at any participating branch. You must sign a transaction slip when making a purchase.
6.4. You may not use the card for any other transactions.
6.5. We will not be liable if any participating branch refuses to accept or honour your card when making a purchase.
6.6. Should you wish to return your purchase to any participating branch such return(s) will be subject to the participating branch's standard returns policy. Your account will be credited with the amount of the purchase returned provided such return is in accordance with the standard returns policy of and accepted by the participating branch.
6.7. You acknowledge and agree that your use of the card may be suspended and/or terminated at any time for any reason whatsoever and that we shall have no liability of whatsoever nature and howsoever arising in consequence of any such suspension and/or termination.
7. Safekeeping and unauthorised use of your card
7.1. You are responsible for the safekeeping and proper use of your card.
7.2. Notify us immediately at the Tenacity Service Centre on 0860 900 100 or 021 9281040 if your card is lost or stolen. We will stop further transactions on the card as soon as is reasonably possible after being advised that the card is lost or stolen.
7.3. You will be responsible for all transactions made with the card before we stop future transactions on the card in terms of
7.2 whether or not you have authorised such transactions. 7.4. You will nevertheless be responsible for all transactions made with the card after you have reported your card as lost or stolen if -
7.4.1. your signature appears on the voucher, sales slip or similar record of the particiating branch; or
7.4.2. other evidence, to our satisfaction, is obtained which indicates you authorised or were responsible for the particular use of the credit facility after the card was reported lost or stolen.
8. Malfunction of electronic facilities
8.1 We are not responsible for any loss arising from any failure, malfunction or delay in any electronic point of sale device, EDC terminal, or our supporting or shared networks, where applicable, resulting from circumstances beyond our reasonable control.
9. Authority to debit your account
9.1. Your account will be held with Tenacity and administered at our Cape Town offices.
9.2. You will remain liable for any amount owing on the account until it is credited by instalments actually received and cleared.
9.3. Any purchases made with your card, will be charged to the account, whether or not the transaction slip of the participating branch has been signed by you. 9.4. We will not be liable if a transaction processed at a participating branch is not authorised by you and you will remain liable for any amount that has been debited to the account as a result of a transaction of this nature.
10. Payment schedule The pre-agreement quotation which has been presented to you together with these terms and conditions, sets out the information relating to the credit extended to you, the frequency of payments, the number of payments, the date of the first and last payment, all of which assumes maximum utilisation of the credit facility granted to you.
11. Interest and other charges
11.1. Subject to the provisions and limitations of the NCA, we will determine the monthly services fees and interest rate, which will apply to your account and show this detail on your monthly statement. We are entitled to levy services fees at the maximum annual or monthly rate as permitted in terms of the NCA. The initial monthly service fees will be disclosed at the time of your application for a credit facility.
11.2. The interest rate is a variable rate that is linked to the TRR and changes to that rate may result in changes to the rate at which interest is charged on your account.
11.3. You will be advised within 30 days through your statements of changes to the interest rate.
11.4. Interest will be calculated on a daily basis and compounded monthly on the full outstanding balance of your account from time to time. This interest is then added monthly to the outstanding balance of your account.
11.5. Tenacity reserves the right to charge an account initiation fee which will be disclosed to you upon application for a credit facility.
11.6. If you select the Ackermans Club, or any other benefit, it will be charged to your account monthly when Tenacity has approved your credit facility (while the account is in good standing).
12. The monthly statement and payment
12.1. We will send you a statement every month to your postal address or electronically if this delivery method has been selected by you. The statement will show all transactions made on the account up to the date of the statement.
12.2. The statement will show both the full and minimum amounts payable to us, on or before the due date shown on the statement.
12.3. You must advise the Tenacity Services Centre in writing or telephonically at the numbers referred to in 7.2 within 30 days of the date of the statement should you believe the statement to be incorrect. Otherwise it will be deemed that the statement is correct.
12.4. You should contact the Tenacity Service Centre should you not receive a monthly statement. Failure to receive a monthly statement will not entitle you to refuse or fail to pay any amount that is due on the account.
12.5. We may verify and confirm any record of a payment into the account. Our records will be taken as correct unless the contrary is proved by you.
12.6. The account will be credited immediately with any payment made into it, but the credit facility will only be increased once the payment has been cleared.
12.7. All payments to your account will first go towards the payment of interest, then to service fees and charges, and finally to the principal debt.
12.8. You must pay at least the minimum amount as well as any arrears reflected on your statement by the due date.
12.9. You may also repay any amount owing at any time, notwithstanding the instalment reflected on your statement.
12.10. You may pay at any participating branch, or any other facility that we communicate to you from time to time.
12.11. If you fail to comply with your payment terms or any other of the conditions of the agreement, or your estate is sequestrated, or you pass away, or you make false disclosures in the application process, then all amounts will, at our election, become due and payable immediately and your credit facility will be closed.
12.12. The method of payment that you choose will be at your own risk and we will only recognise the payment when we receive and process it and once it has been cleared.
13. Legal and other Costs 13.1. If your account goes into arrears or if you are in breach of any other provision of the agreement then we may take any or all of the following actions:
13.1.1. you will be charged with default administration charges relating to any debt collection activities which will include letters and telephone calls made through the month whilst you are in arrears which will not exceed the limits allowed in terms of NCA; 13.1.2. your default status will be noted on the credit bureau which could negatively affect your credit record;
13.1.3. we will suspend your credit facility and give you notice that we intend to close your account on which your full balance will become immediately due and payable;
13.1.4. your account will be handed over to an external debt collection agency for the recovery of the arrears amount and you will be charged with these costs.
13.2. If we institute legal action against you, you will be liable for all legal costs, which will include but not be limited to legal costs on an attorney and client scale, all collection and tracing costs; revenue stamps and sheriff costs, and related value added tax charges. These will be debited to your account.
13.3. Judgement may also be taken against you.
14. Certificate of indebtedness A certificate signed by any of our managers whose appointment and authority need not be proven in which the amount of your indebtedness to us and the interest rate applicable to your credit facility is stated, shall be accepted as prima facie proof of your indebtedness in any legal proceedings and shall be regarded as correct unless you prove the contrary.
15. Consent to jurisdiction In terms of section 45 of the Magistrates' Courts Act, 32 of 1944, you hereby consent that we may institute any legal proceedings that have to do with this agreement or your account, in any Magistrate's Court, which in terms of section 28 of the Magistrates' Courts Act, has jurisdiction over you. We can however choose to institute action against you in any other courts having jurisdiction.
16. Your options 16.1. It is acknowledged that, in terms of your application for a credit facility you have been presented with a choice of selecting any of the following options -
16.1.1. to decline an option of pre-approved annual credit limit increases as provided for in section 119(4) of the NCA;
16.1.2. to be excluded from any -
22.214.171.124. telemarketing campaign that may be conducted by or on behalf of us;
126.96.36.199. marketing or customer list that may be sold or distributed by us, other than as required by the NCA;
188.8.131.52. any mass distribution of email or sms messages.
17. Information consent 17.1. Unless you, the account holder, indicated otherwise on your application form, you consent to:
17.1.1 the processing of your personal information ("PI") by Ackermans and other companies in the Pepkor group, any of their operators, commercial partners, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential;
17.1.2 the collection of your PI from any other source to supplement the PI which Ackermans has about you;
17.1.3 the retention by Ackermans of your PI for as long as permitted for legal, regulatory, fraud prevention and marketing purposes.
17.2. If you have indicated on your application form that Ackermans, Pepkor group companies and its commercial partners may use your PI to communicate with you from time to time regarding products, services, research and special offers that may be of interest or value to you, but choose to be excluded from such direct marketing campaigns in the future, you must advise Ackermans in writing or register a block on any registry which Ackermans is bound by law to recognise. Ackermans will not charge you a fee to update this request on its systems. Ackermans will give effect to any changes requested by you as soon as reasonably possible.
17.3. Subject to applicable law, you may access the personal information Ackermans has about you by contacting 0860 900 100 and request that applicble corrections be made.
18. Ending this agreement - by you (section 122 of the NCA) You may, at any time, end this agreement and pay the settlement amount to us. You must advise us in writing if you want to close and settle your account. You must destroy (by cutting through the magnetic stripe and account number) and return the card(s) to us with your letter. A card that is not destroyed correctly may still be used and should this happen you will be responsible for the payment of all transactions that may take place.
19. Ending this agreement - by Tenacity (section 123 of the NCA)
19.1. If you are in default of this agreement, we may take the steps set out in the NCA (which concerns debt enforcement by repossession or judgement) to enforce and terminate this agreement.
19.2. In addition we may -
19.2.1. suspend your credit facility;
19.2.2. close the credit facility granted to you by giving written notice to you at least ten business days before the credit facility will be closed;
19.2.3. revoke or suspend your card or close the account to protect our interests.
19.3. At our request you must immediately pay to us the total balance outstanding on the account, including accrued interest and outstanding service fees, if we revoke your card or close the account.
19.4. Even if this agreement ends, we will be entitled to rely on the rights acquired under this agreement before it ended.
19.5. Notwithstanding any suspension, cancellation and/or termination, this agreement shall remain in effect to the extent necessary until you have paid all amounts outstanding to us.
19.6. We may not close or terminate your credit facility solely on the grounds that -
19.6.1. we have declined your request to increase the credit limit;
19.6.2. you have declined an offer from us to increase the credit limit;
19.6.3. you have requested a reduction in your credit limit, unless such a reduction reduces the credit limit to a level at which we would not ordinarily offer or establish credit.
20. Consequences of termination The unilateral termination of this agreement by us does not suspend or terminate any residual obligations we may have to you under this agreement.
21. Early settlement (section 125 of the NCA)
21.1. You are entitled to settle the account by requesting us to close your account and cancel your card at any time with or without advance notice to us.
21.2. The amount required to settle the account would be the unpaid balance of the principal debt owing to us at that time together with the unpaid interest and all other service fees and charges payable by you to us up to the settlement date.
22. Amendments to terms and conditions Other than specifically reserved in terms of these terms and conditions, Tenacity may generally introduce amendments to these terms and conditions subject to the NCA of which you will be notified in writing. Any such amendments will be effective twenty one days after we have sent the proposed amendments to you. If you are dissatisfied with the amendments you may invoke the provisions of point 18 above.
23. Addresses for notices
23.1. The physical address you provide when applying for the credit facility will be regarded as your chosen address where notices may be given and documents in legal proceedings may be served. You must notify us in writing immediately if your chosen address changes. Such notification should be mailed to P O Box 6400, Parow East 7501 or e-mailed to firstname.lastname@example.org, email@example.com firstname.lastname@example.org 23.2. You should send any legal notice to us at our chosen address provided above.
24.1. South African law governs these terms and conditions.
24.2. Any indulgence or concession we may give you will not affect any of our rights against you.
24.3. We monitor and record all our telephone calls and other interactions with you.
24.4. We may cede, assign or transfer our rights and obligations under this agreement or arrange for any other person to carry out any of our rights or obligations under this agreement without your consent and without notice to you.
24.5. You have the right to resolve a complaint by way of alternative dispute resolution as provided for in the NCA.
24.6. You have the right to apply to a debt counsellor for debt review or to be declared over-indebted. In this regard, the National Credit Regulator can be contacted for debt counsellors' details at: (contact number 0860 627627).
24.7. You must immediately tell us if you are under an administration order, become insolvent, or have any other form of legal disability.
24.8. You can file any credit related complaints with the National Credit Regulator (contact number 0860 627627) or make application to the National Credit Tribunal.
If you have an Ackermans SIM which has been RICA’d by you, and you have activated your SIM by making a billable call, you may enjoy the benefits listed below (see ACKERMANS CASH BACK ON QUALIFYING CELLULAR DEVICES and NETWORK BENEFITS for more details). If you did not provide us with a South African Identity number or South African Passport Number or Botswana Identity Number or Namibian Identity Number when registering (or at any time thereafter), then you will not receive any Network benefits as defined below.
For the MTN, Vodacom and Cell C Network benefits, a maximum of 6 SIM Cards will be able to receive the benefits in total (not 6 SIM Cards per Network).
For cellphone numbers not recorded on your Ackermans Store Card Account details, you will need to link those cellphone numbers via the A.Rewards USSD service by dialling *130*737# in order to receive these benefits. The MTN, Vodacom and Cell C Network benefits defined below can be terminated by us by giving 30 days notice to this effect. This notice will be updated on the A.Rewards section of the Ackermans website (www.ackermans.co.za).
a. MTN Network benefits:
a. You will be allocated an additional 1 Bonus star for every R1 of MTN airtime purchased at any participating Ackermans store in South Africa from the second month of qualifying for this benefit.
b. Vodacom Network benefits:
a. You will get 2 additional free randomly generated (Vodacom systems generated) Vodacom Millionaires entries every week from the second month of qualifying for this benefit.
b. Standard Vodacom Terms and Conditions will apply. (available at www.vodacom.co.za)
c. CellC Network benefits:
a. You will receive 10 FREE SMS’s and 10Mb of data every month from the second month of qualifying for this benefit.
b. Standard CellC Terms and Conditions will apply. (available at www.cellc.co.za)
If you agree at the till that we may use your information, you consent to -
1. The Ackermans Club Benefits
Membership of the Ackermans Club entitles you to the following benefits:
1.1.Funeral cover to the value of R5 000 for the main member
1.2. Ackermans HelloTeacher Helpline to assist your child with homework, exam preparation, school projects and career guidance. You and your child will have access to qualified teachers via a telephone helpline and online chat, as well as exclusive access to a portal (cellphone, tablet and PC friendly) with study guides, past exam papers and regularly updated Q&As. Simply dial 0861 123 456 or visit https://www.ackermanshelloteacher.co.za/join.
1.3. Two Free Premier Soccer League tickets (in South Africa) in either August2015, November 2015, January 2016 or March2016. Simply -
1.4. Nine issues of the Club magazine, posted with your monthly statement
1.5. Competitions and giveaways to the value of R480 000 a year these includes:
2. Ackermans Club terms and conditions
2.1. In order to access Ackermans Club benefits you have to be a member of the Ackermans Club and in order to become a member, you have to have an Ackermans store card
2.2. If you do not settle the outstanding amount required by your statement or you do not pay enough, your membership ceases for that particular month, meaning that you will not receive a Club magazine or enjoy any of the benefits, including the helpline and funeral cover
2.3. Once you have settled the required amount on your account, your membership will automatically reinstate itself.
2.4. The maximum joining age to receive the funeral cover benefit is 75.
3. Ackermans Club competition rules
3.1. All competitions are open to current Ackermans Club members only. Participants will automatically be entered in the competitions if their Ackermans accounts are not in arrears.
3.2. Winners will be drawn by a random computer operated draw accompanied by an Auditor during the month after the competition has closed. This draw will include all entries from all Ackermans Club members’.
3.3. Directors, members, partners, employees or agents of or consultants to anyone associated with the organisation of these competitions or a spouse, life partner, business partner, associate, family member of such a person may not enter.
3.4. The prizes are as described and may not be exchanged for cash or transferred.
3.5. Winners will be notified telephonically and their names will be published in the following issue of the Ackermans Club magazine. Should winners not be contactable telephonically, they will have 3 months from the date of competition closure to claim their prize. Failure to do so will result in their entry being declared void.
3.6. All winners may be asked to provide their ID document and Ackermans store card when claiming their prizes.
3.7.ckermans and their delivery agent does not accept responsibility or liability for any loss or damage and will also not be responsible or liable for any further expenses or fees required for purpose of using, applying or enjoying the prize won in this competition.
3.8. Winners give Ackermans and its authorized agents consent to use their names for publicity purposes, unless refused.
3.9. AAckermans reserves the right to vary, suspend, postpone or terminate the competition and any prizes, or any aspect thereof, for any reasons whatsoever and without notice. In such event, you hereby waive any rights or expectations which you may have against Ackermans and acknowledge that you will not have any recourse or claim of any nature against Ackermans.
3.10. By participating in any competition, you consent to authorize Ackermans to use your personal information to (i) the processing of your personal information by Ackermans and other companies in the Pepkor group, any of their operators, agents and sub-contractors (who may be outside South Africa) on the condition that they will keep such information confidential; (ii) the collection of your personal information from any other source to supplement the personal information which Ackermans has about you; (iii) the retention by Ackermans of your personal information for as long as permitted for legal, regulatory, fraud prevention and marketing purposes; (iv) Ackermans using your personal information to send you information about products, services, and special offers of the various companies in the Pepkor group that may be of interest or value to you.
3.11. You can choose to be excluded from direct marketing by notifying Ackermans in writing or by registering a block on any registry which Ackermans is bound by law to recognise. Ackermans will not charge you a fee to update this request on its systems. Ackermans will give effect to any changes requested by you as soon as reasonably possible.
Ackermans Club School fees competition rules:
Terms and Conditions
1. All persons (“Participants”) entering the Ackermans Club Promotion (“Promotion”) agree that the promotion rules as set out in these terms and conditions (“Terms and Conditions”) are binding to them.
2. This Ackermans Club offer runs from 01 August 2015 to 31 March 2016 after which date the promotion will automatically lapse and no further entries will be accepted.
3. The “Promoters” are Ackermans Club and TLC Marketing Worldwide (“TLC”).
4. To enter the promotion, consumers must dial *120*48453# and answer the questions. Any entries received after midnight on 31st March will be deemed as disqualified. No negotiations will be entered into.
5. TLC will be validating each entry to qualify the participant.
6. The offer is only applicable to Ackermans club members
7. The TLC reward entitles the reward bearer (Ackermans Club / staff member)holder to:
9. Confirmation that the tickets have been booked will be sent via electronic means i.e. sms. TLC does not accept any responsibility for late/non arrivals.
10. The confirmation will include the confirmation reservation number which must be produced at Computicket when the tickets are collected by the participant. Please allow between 48 and 72 hours for the confirmation process to be completed.
11. For any queries on the promotion, please call TLC Marketing Worldwide on (011) 676 7702, between the hours of 08h30 – 16h30, Monday – Friday excluding Sundays and public holidays or via email on email@example.com.
12. The reward is valued at R40 per soccer ticket.
13. Partner’s terms and conditions apply to each valid booking. All soccer tickets must be used by 31 May 2016.
14. All rewards are STRICTLY subject to participating TLC Partner availability within your region of choice.
15. TLC, its agents and distributors cannot replace any lost or stolen reward.
16. Any additional services not included in the TLC reward will be charged at FULL PRICE according to the respective Partner’s standard conditions.
17. Any indemnities required by Partner Service Providers must be complied with, failing which the partner may not be obligated to provide the service.
18. All meals and drinks, transport (including flights, transfers, airport taxes) and personal expenses are not included in the Reward. Travelling to and from the Venue will be at the Reward Bearer’s (Ackerman’s Club / staff member)own expense.
19. The Reward Bearer (Ackerman’s Club / staff member) is responsible for any loss, injury, damage or death (if applicable) caused to or at the Venue.
20. TLC, its agents and distributors accept no responsibility and it will not in any circumstances be responsible or liable to compensate the reward bearer (Ackerman’s Club / staff member), or accept any liability for (a) any non-acceptance by a venue(s) of this TLC Marketing Worldwide reward or (b) any inability by the bearer to use this TLC Marketing Worldwide reward or at all (c) the lack of quality or any other aspect of any service which is or should be provided at any venue(s), nor will any of them be liable for any personal loss or injury occurring at any venue(s)
21. TLC is not responsible for any reward misrepresentation (written or verbal) on warranties by anyone / group other than TLC.
22. TLC, Ackermans Club and its authorized agents have no responsibility for the administration of the venue(s) and will not accept any liability in relation to the quality or performance thereof.
23. TLC reserve the right to withdraw this reward in the event of force majeure such as war, earthquakes, disasters, calamities or similar circumstances, in which travel to such destinations is not advisable. Where possible notice will be provided.
24. TLC reserves the right to substitute the reward with another of greater or equal value. Advance notice will be provided to the winner.
25. A MAXIMUM of one prize (1 set of double tickets) may be used Ackermans club member and the booking for soccer tickets is restricted to the following months: August 2015 November 2015, January 2016 and March 2016. No booking outside of these promotional months will be accepted. No negotiations will be entered into.
26. The Promoters may require the winners (at no fee) to be identified, photographed, filmed and the foregoing to be published in any media.
EXCLUSIONS AND OTHER IMPORTANT TERMS
27. Nothing in these Terms and Conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the Participant or the Promoter in terms of the Consumer Protection Act, 68 of 2008 ("CPA").
28. All Participants participate entirely at their own risk. By reading and accepting these Terms and Conditions, the Participant gives consent to these risks and hereby indemnifies and holds harmless Ackermans club, their directors, employees and agents of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the programme and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any of the indemnified parties.
29. By entering the Programme in accordance with its terms, Participants acknowledge that the Programme will be managed in accordance with the provisions of the CPA. Reward bearers undertake to expeditiously do all things necessary to enable the Promoters to comply with their obligations under the CPA including, but not limited to providing such personal information as may be required in order to facilitate handing over the reward.
30. The Promoters reserve the right to vary these Terms and Conditions by providing notice of such change. Any queries in this regard, and a copy of these Terms and Conditions can obtained by calling on 011 676 7702 during office hours (Monday to Friday 08h30 – 16h30) excluding weekends a public holidays, throughout the period of the Promotion.
31. This promotion is only open to person’s residing in South Africa and are aged 18 years or older and are paid up members of the Ackermans Club.
32. The Reward is available to employees of the Promoter on the basis that they are members of the Ackerman’s Club. The reward is not available to TLC or any agencies ("Interested Parties") appointed by TLC and the immediate families of any of the Interested Parties.
33. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.