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Terms

Terms and Conditions of Service

These Terms and Conditions (“Terms”) govern your membership on www.bargainbox.co.za (“the Website”), and your purchase and use of products and services available through the Website. The Website is operated by Travelstart Online Travel Operations Proprietary Limited (Registration Number:2004/016841/07) (hereinafter referred to as “us”, “Bargain Box”, “we” or “our”). By browsing, accessing or using this Website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the Terms. Your use of the Website is further governed by the Website Terms of Use (“Terms of Use”), which are incorporated into these Terms by reference. [www.bargainbox.co.za/terms]

1. Definitions
In these Terms, unless the context indicates otherwise: a. "Bargain Box Coupon" means a coupon which, subject to these Terms, if purchased by you, allows you to redeem it at a particular Merchant in exchange for Products offered by that Merchant during the Promotional Period; b. "Merchant" means a third party seller of Products for which a Bargain Box Coupon can be redeemed. The details of each such Merchant will be published in conjunction with any particular Offer or will be made available to you on request; c. "Offer" means the limited promotional offer, which is valid for the Promotional Period only, made by a Merchant and published by Bargain Box on the Website, in terms of which the Merchant offers to supply certain Products at a discounted rate; d. "Offer Value" means the value represented by the Purchase for the duration of the Promotional Period; e. “Products" means goods and/or services offered by a particular Merchant which are described as part of a promotion for which a Bargain Box Coupon can be redeemed; f. "Promotional Period" means the period of time during which a Bargain Box Coupon can be redeemed for the Products with a Merchant; g. "Purchase" means the purchase of a Bargain Box Coupon; h. "Register" means the creation of membership on the Website" (and "Registration" means the action of creating membership); and i. "Service" means all or any of the services provided by Bargain Box via the Website, including the information services, content and transaction capabilities on the Website (including the ability to make a Purchase).
2. General
These Terms constitute a valid and binding agreement between yourself and Bargain Box, and is enforceable against you in accordance with its terms. By using the Website, the Services and/or Purchasing Products you warrant that you are 18 years of age or older and that you have legal capacity to conclude to enter into agreement with us. The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed. We reserve the right to prevent you using the Website and the Service (or any part of them) and to prevent you from making any Purchase. The Service and use of the Website and the making of any Purchase does not include the provision of a computer or other necessary equipment to access the Website or the Service or making of any Purchase. To use the Website or Service or to make a Purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur. The establishment and use of membership, all Purchases and the use of the Services, shall be in strict compliance with these Terms and all applicable laws, rules and regulations (collectively, the “Laws”). All calls, emails and other communications between yourself and Bargain Box may be recorded.
3. Privacy Policy

A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Bargain Box is located at [www.bargainbox.co.za/privacy]. You consent to any personal information we may obtain about you (either via the Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.

Bargain Box may update its Privacy Policy from time to time in its sole discretion, and post an updated version thereof on the Website.

4. Bargain Box Membership

Registering for membership

You do not need to register for membership on the Website in order to use the functionality of the Website or to access much of the Service. However, you must Register in order to make a Purchase from the Website. At a minimum, registration requires you to (1) indicate acceptance of these Terms (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrolment process, in Bargain Box’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. Please note that you are entirely responsible for any loss or damage you may suffer if you do not maintain the confidentiality of your password and an unauthorised person is able to access your account. We encourage you to review our Information Security Policy [www.bargainbox.co.za/security] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.

Use of Membership

You shall not use your membership for any purpose competitive to Bargain Box. You will notify Bargain Box immediately by emailing support@bargainbox.co.za of any unauthorized use of your membership or the Website known to you, whether by you or a third party.

Unique Membership

Each membership shall be unique. You may not combine your membership booking with another person’s booking for the purpose of a single reservation.

Membership Termination

You may cancel your membership at any time by emailing a request to cancel your membership to support@bargainbox.co.za. Bargain Box may terminate your membership and refuse any and all current or future use of the Website or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that Bargain Box determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if Bargain Box determines, in its sole discretion, that you are using your membership in a manner not permitted by these Terms or the Terms of Use [www.bargainbox.co.za/terms], or (4) in other circumstances, as Bargain Box deems appropriate in its sole discretion.
5. Purchase of Bargain Box Coupons
We sell Bargain Box Coupons via the Website that can be redeemed for Products from a Merchant. You must Register in order to make a Purchase from the Website. By Registering you agree that we may send you administrative and promotional emails. You expressly agree to receive these emails, even if they are sent outside of business hours. We may also send you information regarding your account activity and purchases, as well as updates about the Website and the Service and Bargain Box Coupons as well as other promotional offers.(You can always opt-out of our promotional e-mails at any time by clicking the ‘unsubscribe’ link at the bottom of any of such e-mail correspondence.) A Purchase of a Bargain Box Coupon can be redeemed with the Merchant for a particular specified Offer for the Promotional Period only. EACH OFFER IS LIMITED AND ACCORDINGLY, WILL BE SOLD ON A “FIRST COME, FIRST SERVED” BASIS. Each Offer may be subject to additional terms and conditions, which will be published in conjunction with the Offer. When you complete the procedure for purchasing a Bargain Box Coupon, once you have confirmed your acceptance to these Terms and payment has been made the transaction will be complete (and a contract for Purchase will be concluded) only when we email you confirming the transaction and attaching your Bargain Box Coupon (which is our acceptance of the transaction). We accept payment via credit card, VISA and MASTERCARD credit cards are accepted. We are required to obtain authorisation from the bank and if we do not receive this authorisation, we will cancel your Purchase. If authorisation is granted by the bank, we will collect payment immediately and issue your Bargain Box Coupon; Once we send you the Bargain Box Coupon, you may cancel the transaction at any time within 7 (seven) business days from the day following the day that you receive the Bargain Box Coupon (a business day being is any day that is not a Saturday, Sunday or public holiday recognised in the Republic of South Africa). Should you do want to cancel, you must do so by sending us an email to support@bargainbox.co.za or writing to us or sending us a fax - in each case, always provided, of course, that you have not yet redeemed the Bargain Box Coupon. By making a Purchase, you acknowledge that the Purchase is made subject to these Terms. Once you have made a Purchase, the Bargain Box Coupon is redeemable by you from a Merchant for Products provided by that Merchant during the Promotional Period. The particular Merchant and particular goods and services offered by that Merchant for which the Bargain Box Coupon can be redeemed will be stated on the Bargain Box Coupon. You may only redeem your Bargain Box Coupon once. Any attempted redemption of a Bargain Box Coupon not consistent with this Agreement may render a Bargain Box Coupon void at our (or a Merchant’s) discretion. The Merchant, and not us, is: • the seller of the Products; • solely responsible for providing you with the Products and for the Products themselves; and • solely responsible for redeeming any Bargain Box Coupon you Purchase within the Promotional Period. Reproduction, sale, resale or trade of a Bargain Box Coupon is prohibited. Any attempt to carry out any of these will potentially void the Bargain Box Coupon at our discretion. If the Bargain Box Coupon is redeemed for less than its face value, there is no entitlement to a credit, cash or new Bargain Box Coupon equal to the difference between the face value and the amount redeemed. Also, Bargain Box Coupons are redeemable in their entirety only and may not be redeemed incrementally.
6. Expiry of Bargain Box Coupons
In respect of traditional Bargain Box Coupons - The Promotional Period expires on the date specified on the Bargain Box Coupon. If the Bargain Box Coupon is not redeemed on or before the expiry date of the Promotional Period, we will credit your account with the consideration paid in respect of the Purchase, upon request. In respect of Bargain Box Coupons which are redeemable for a specified date / events (“Flash Coupons”) – Flash Coupons shall not be capable of being redeemed once the specific event date and time has passed. Flash Coupons are refundable ONLY (i) by request until midnight on the day of purchase; (ii) automatically if the event / date is cancelled and not rescheduled, and (iii) upon request if event / date is rescheduled. Should you be entitled to a refund, we will credit your account with the consideration paid in respect of the Purchase, upon request. We have instituted this application procedure to minimise events of fraud. Any credit granted to you in terms of this clause will be valid for three years calculated from the date of the Purchase of the relevant Bargain Box Coupon. For the avoidance of doubt, no cash refunds are permitted in respect of traditional Bargain Box Coupons or Flash Coupons, and no interest shall be payable on any credit granted to you in terms of this clause.
7. Product Availability
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. Should this occur, your sole remedy shall be to contact Bargain Box to make alternative arrangements or to cancel your reservation.
8. Product Description
Bargain Box attempts to provide accurate descriptions of Products on the Website. Bargain Box does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
9. Merchant Rules and Restrictions
Merchants may impose additional rules and restrictions on Products available through the Website. Please read these additional terms and conditions carefully. By Purchasing through Bargain Box you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the Merchants rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any Merchant’s rules and restrictions may result in: • cancellation of your Bargain Box Coupon; • being denied access to the applicable Product; • forfeiting any Charges paid; and • being charged by Bargain Box for any costs we incur as a result of such violation.
10. Taxes and Fees
The sales or other taxes charged in connection with your Coupon depend on the location of the event, property or Merchant, any rules governing those Merchants, or other requirements. Merchants may also charge service fees. On request, you will be able to view the taxes and additional service fees included in a booking before confirming the booking.
11. Incidentals
Bargain Box Coupons do not include any incidental charges, expenses or services, except as specifically described therein. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
12. Insurance
Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of your trip.
13. Referral Credit Programme
On certain of its Sites, Bargain Box may offer members the ability to earn credits toward future purchases on the Website when they participate in certain referral and marketing promotions (“Referrals”). By inviting a friend to become a member of Bargain Box, you represent that your friend has consented to being contacted by Bargain Box. Bargain Box will tell your friend that you have provided his or her email address to us for purposes of this contact. You may only earn credits via Bargain Box’s authorized channels. Referrals outside of Bargain Box authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral programme. You will receive credit only if the friend you invite becomes a Bargain Box member and purchases a Product through the Website. If your friend does not follow the directions in an invite email, or if Bargain Box determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and Bargain Box will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Bargain Box accounts is a violation of these Terms and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Bargain Box’s Referral programme system may, without limiting any other Bargain Box rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Bargain Box reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Bargain Box. You must not conduct your own promotion in connection with our Referral credit programme. You may not engage in any promotional, marketing, or other advertising activities on behalf of Bargain Box, including by using any trademarks of Bargain Box. Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via Bargain Box may only be used on the Website and may not be used toward the purchase of a Gift Card. Referral credits generally expire after one year, unless otherwise notified by Bargain Box. Referral credits may be subject to certain sale restrictions or exclusions. Our Referral credit programme is void where prohibited by law. Bargain Box reserves the right to terminate the Referral credit programme at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the programme. Should there be any tax liability for the accumulation and/or use of credits; such taxes are the sole responsibility of the participant. You understand that the statistics that Bargain Box may choose to display may not be real-time or accurately reflect the credits you have actually earned. Bargain Box will have no liability for any errors displayed in those statistics.
14. Gift Cards
If you need assistance with respect to a Gift Card, please call Customer Service at +27 21 468 5850 or email support@bargainbox.co.za.
15. Content you Submit
With respect to any content you submit or make available to Bargain Box (other than personal information, which is handled in accordance with the Privacy Policy[http://www.bargainbox.co.za/index.php/privacy]), including by not limited to endorsements or testimonials, you grant Bargain Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Bargain Box.
16. Notices
All notices from Bargain Box intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to Bargain Box.
17. Entire Agreement
These Terms constitute the entire agreement of between you and Bargain Box regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms and the Terms of Use with respect to the matters herein, these Terms will prevail.
18. Severability
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
19. Modification of Terms of Service
You acknowledge and agree that Bargain Box may, in its sole discretion, modify, add or remove any portion of these Terms at any time and in any manner, including the terms of Bargain Box membership, by posting revised Terms of Service on the site. You may not amend or modify these Terms under any circumstances. The current version of these Terms is available at [http://www.bargainbox.co.za/index.php/legal_information]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this site after any changes to the Terms of Service means you accept the changes.
20. Effect of Termination/Survival of Selected Provisions
Notwithstanding the expiration or earlier termination of your Bargain Box membership, or any general legal principles to the contrary, any provision of these Terms that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
21. Effective Date
1 June 2012

Website Terms of Use

This website and/or its mobile applications (the “Site” or “Websites”) is owned and operated by Travelstart Online Travel Operations Pry Ltd. These Website Terms of Use (“Terms of Use”) apply to your use of this Site. Any membership you may establish on the Site and/or the purchase or use of any products or services available through this Site are governed by the Terms & Conditions of Service posted (“Terms of Service”) on the relevant Website. The Websites are operated by Travelstart Online Travel Operations Proprietary Limited (Registration Number:2004/016841/07) (hereinafter referred to as “us”, “Bargain Box”, “we” or “our”). Bargain Box offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

1. Data Integrity
You represent that all of the information, data and other materials you provide on this Site or to Bargain Box through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
2. Privacy Policy
A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information on this Site is located at [http://www.bargainbox.co.za/index.php/privacy ]. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update the Privacy Policy from time to time in our sole discretion, and post an updated version of the notice on the Websites.
3. License and Site Access
All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of, and owned by, Bargain Box, its licensors or its content providers, and is protected by copyright, trademark and other applicable South African and foreign laws. Bargain Box grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Bargain Box or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Bargain Box’s sole discretion. Bargain Box strictly prohibits any other use of any content available through the Site, including but not limited to: a. any downloading, copying or other use of the content or the Site for purposes competitive to Bargain Box or for the benefit of another vendor or any third party; b. any caching, unauthorized linking to the Site or the framing of any content available on the Site; c. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party); d. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer; e. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or f. any action that imposes or may impose (in Bargain Box’s sole discretion) an unreasonable or disproportionately large load on Bargain Box’s infrastructure, or damage or interfere with the proper working of our infrastructure. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Bargain Box. Bargain Box reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Bargain Box neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Bargain Box. Termination of your access or use will not waive or affect any other right or relief to which Bargain Box may be entitled, at law or in equity.
4. Content you Submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that: a. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable South African laws; b. may contain software viruses or malware; c. contains advertisements or solicitations of any kind, or other commercial content; d. is designed to impersonate others; e. contains personal information (such as messages that include phone numbers, identification numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; f. contains messages by non-spokesperson employees of Bargain Box purporting to speak on behalf of Bargain Box or containing confidential information or expressing opinions concerning Bargain Box; g. contains messages that offer unauthorised downloads of any copyrighted, confidential or private information; h. contains multiple messages placed within individual folders by the same user restating the same point; i. contains chain letters of any kind; or j. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Policy, you grant Bargain Box a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Bargain Box.
5. Links
This Site may contain links to other websites or resources that are operated by third parties not affiliated with Bargain Box. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. Bargain Box is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
6. Disclaimers
Except as otherwise expressly provided in these Terms of Use or the Terms of Service, or required by applicable law, Bargain Box makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, sustainability fitness for a particular use or purpose, or non-infringement of Bargain Box membership, any content on the Site, or products or services purchased through the Website, as well as warranties implied from a course of performance or course of dealing. Your use of this Site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Bargain Box disclaims any warranties that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or server that makes the site available will be virus-free; or that information on the Site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the site shall create any warranty of any kind
7. Limitation of Liability
The Merchants whose Products are available on the Website are independent contractors and not agents or employees of Bargain Box. Bargain Box is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Merchants or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. You acknowledge and agree that you assume full responsibility for your use of the site and/or for the use of the Bargain Box membership, communications with third parties and purchase and use of the products and services available through the Website. You acknowledge and agree that any information you send or receive during your membership and/or use of the Site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge recognising such, you acknowledge and agree that, to the fullest extent permitted by law (including, without limitation, the Consumer Protection Law), neither Bargain Box nor its suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this Site or any other site or resource you access through a link from this Site; (2) any action we take or fail to take as a result of communications you send to us; (3) your Bargain Box membership, any termination or cancelation of your membership, any referral credit program (or associated credits); (4) any products or services made available or purchased through the Website, including any damages or injury arising from any use of such products or services; (5) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; (6) the modification, removal or deletion of any content submitted or posted on the Site; or (7) any use of the site, whether based on contract, tort, strict liability or otherwise, even if Bargain Box has been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked site or resource. This disclaimer applies, without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and other tangible or intangible loss. You specifically acknowledge and agree that Bargain Box shall not be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your remedy for any of the above claims or any dispute with Bargain Box is to discontinue your use of the site. You and Bargain Box agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action permanently barred.
8. Indemnities
You will indemnify and hold harmless Bargain Box from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Bargain Box and such parties, and shall defend Bargain Box and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (3) fraud you commit, or your intentional misconduct or gross negligence; or (4) your violation of any applicable South African or foreign law or the rights of a third party. Bargain Box will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Bargain Box.
9. Electronic Communications
When you use the Site or send emails to Bargain Box, you are communicating with Bargain Box electronically. You consent to receive electronically any communications related to your use of this Site. Bargain Box will communicate with you via email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Bargain Box intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Websites.
10. Site Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Bargain Box is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Bargain Box, in its sole discretion, may monitor, not post or remove any such content.
11. Access to Password Protected Site Features
Access to and use of password-protected areas of the Site is restricted to authorised users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Bargain Box immediately. Bargain Box may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
12. Trademarks and Copyrights
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Bargain Box or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of Bargain Box or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Bargain Box’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Bargain Box’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable South African and foreign laws.
13. Claims of Intellectual Property Infringement
Bargain Box respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that Bargain Box has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Bargain Box members who are repeat copyright infringers. Bargain Box may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information in writing: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located on the Site; d. your address, telephone number, and, if available, email address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; and g. Notices of claims of copyright or other intellectual property infringement should be addressed to: By mail: Travelstart Online Travel Operations, 7th Floor, 56 Shortmarket Street, Cape Town, 8000 By phone: +27 21 468 5850 By email: support@bargainbox.co.za Bargain Box may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
14. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
15. Force Majeure
Bargain Box shall be excused from performance under these Terms of Use or the Terms of Service, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labour strikes, or (5) other causes beyond the reasonable control of Bargain Box. In the event that Bargain Box is temporarily unable to ship to you a purchased item because of such an event, Bargain Box will give you the option of deferring shipment or receiving a refund of your charges.
16. General
From time to time Bargain Box may offer special promotional offers that may or may not apply to your Bargain Box account. You agree to be bound by any additional terms and conditions for these special offers, which shall appear in connection with the Offer. If any of the provisions set forth in these Terms of Use or the Terms of Service are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms of Use or the Terms of Service. Section headings are for reference purposes only and do not limit the scope or extent of such section. These Terms of Use, the Terms of Service and all non-contractual relationships between you and us shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.
17. Changes to These Terms of Use
You acknowledge and agree that Bargain Box may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at [http://www.bargainbox.co.za/index.php/legal_information]. It is your responsibility to check periodically for any changes we make to the Terms of Use. Continued use of this Site following any changes to the Terms of Use constitutes acceptance of the changes made.
18. Assignment
You may not assign these Terms of Use or the Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Bargain Box, which may be withheld at Bargain Box’s sole discretion. Any attempted assignment that does not comply with these Terms of Use or the Terms of Service shall be null and void. Bargain Box may assign these Terms of Use or the Terms of Service, in whole or in part, to any third party in its sole discretion.
19. Entire Agreement and Admissibility
These Terms of Use, the terms of Service and our Privacy Policy constitutes the entire agreement and understanding between you and Bargain Box with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. In some instances, a separate document that provides additional conditions may apply to a service or product offered via this Site (“Additional Terms”). To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will prevail unless the Additional Terms expressly state otherwise. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact us via email at privacy@bargainbox.co.za. You also may write to us at: Travelstart Online Travel Operations, 7th Floor, 56 Shortmarket Street, Cape Town, 8000