TERMS AND CONDITIONS

GLOBAL ACQUISITION’S TERMS AND CONDITIONS

1. Please read the following terms and conditions very carefully as your use of Global Acquisition (Pty) Ltd’s website and other services is subject to your acceptance of and compliance with these terms and conditions.

2. By accessing the Global Acquisition (Pty) Ltd website and Subscribing to the Service as defined below, you acknowledge that you have read, understood and accepted the following terms and conditions and/or disclaimers.

3. Global Acquisition (Pty) Ltd reserves the right, in its sole and absolute discretion, to amend the terms and conditions set out herein from time to time and by becoming a user of Global Acquisition (Pty) Ltd’s website or a Subscriber, you acknowledge that you will be bound by the terms and conditions as amended from time to time.

4. INTERPRETATION AND DEFINITIONS

In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:

4.1 the Content – all promotional information and marketing communications, including but not limited to any data, text, music, sound, photographs, graphics, video, messages, and tags on the Website, whether in relation to Global, the promotional competitions advertised on the Website, if any, the email communications programs, the Trade Partner’s products and services, or the Questionnaires;

4.2 the Act – the Electronic Communications and Transactions Act No 25 of 2002 as amended;

4.3 Data messages – data messages as defined in the Act;

4.4 Global – Global Acquisition (Proprietary) Limited, Registration Number 2007/010737/07;

4.5 Intellectual Property – any and all rights, title and interest, registered or otherwise, and thus shall include any applications for registration of such rights) in and to any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not], goodwill, source code, meta tags, databases, text, content, graphics, icons, hyperlinks and downloads (being any software, data, files or content retrieved, viewed or downloaded by the User when using the Website), relating to the Service and any of the information appearing on the Website, which are all as such protected by domestic and international legislation and treaties from infringement;

4.6 the Opt Out Link – a link provided on a confirmatory email once the Subscriber has completed the Subscription process and thereafter, on correspondence from Global to the Subscriber;

4.7 Personal Information – any personal information that the User may provide to Global when becoming a Subscriber and/or provided to Global from time to time pursuant to these terms and conditions, which information may include but not be limited to the User’s full names, identity number and contact details;

4.8 the Questionnaire – the questionnaire prepared by Global and/or the Trade Partner in collaboration with Global, containing questions for completion by the Subscriber, the answers to which may give rise to relevant targeted communications to be made directly by the Trade Partner to the Subscriber and/or by Global on behalf of its current and/or future Trade Partners;

4.9 SA Consumer Initiative – an initiative designed by Global to gather and analyse the Subscriber’s Personal Information in the hope that, where possible, more relevant and/or better value offerings will be provided to the consumer by Global’s Trade Partners and/or by Global on behalf of its current and/or future Trade Partners;

4.10 the Service/s – any services offered through the Website from time to time, including but not limited to, insurance, banking, cell phone related services/deals and access to consent based targeted marketing opportunities offered by the Trade Partners and/or Global on behalf of its current and/or future Trade Partners via phone and/or sms and/or email and/or post;

4.11 Subscribe/Subscribing – an act of subscribing to become a member of the SA Consumer Initiative in order to access the Service by completing a survey on the website and consenting to communication from Global and/or its Trade Partners; and “Subscription” shall have a corresponding meaning;

4.12 the Trade Partner – any party which collaborates with Global, from time to time, for the purposes of targeted marketing opportunities and communications to be directed to the Subscribers in relation to such party’s products and services. For clarity purposes “Trade Partner” shall also include any party that collaborates with Global at any given time for the purpose of offering the Service/s;

4.13 the User – a person who has Subscribed to participate in the SA Consumer Initiative;

4.14 the Website – the website which is owned and operated by Global, including any page, part or element thereof.

5. INTRODUCTION

5.1 Global has partnered or will from time to time partner with various entities that offer consumers, including but not limited to, the following services, insurance products, banking products and cell phone deals.

5.2 Global has decided to offer members of the public who voluntarily become a Subscriber online competition/s and other services that will potentially add value to the Subscribers. The aforementioned services will include but not be limited to marketing communications from specific Trade Partners and/or Global on behalf of its current and/or future Trade Partners and permission for such marketing communications the Subscriber hereby consents to.

6. JOINING AND OPTING OUT OF THE SA CONSUMER INITIATIVE

6.1 The User acknowledges that joining the SA Consumer Initiative is voluntary and subject to the following:

6.1.1 acceptance by the User to be bound by these terms and conditions;

6.1.2 the User providing Global with the Personal Information;

6.1.3 the User granting consent to Global to contact the User with advertising material and/or offerings made by the Trade Partners or the User granting consent to the Trade Partners whom the User has indicated that such Trade Partners can contact him/her;

6.1.4 by merely joining the SA Consumer Initiative does not entitle the User to win any prizes in respect of any promotions run by Global from time to time. For the User to win any prize, the User shall comply with the terms and conditions of the relevant promotion which shall include but not be limited to completing any further questions that Global may ask;

6.2 The User shall be entitled to opt out of the SA Consumer Initiative by clicking on the Opt Out Link provided on the email communication from Global to the User. Global undertakes to use it’s best endeavours to ensure it’s Trading Partners cease any promotional activities as soon as possible after the User’s opt-out request has been received by Global.

7. EFFECTIVE DATE

7.1 The User acknowledges that he/she shall be bound by these terms and conditions once she/he becomes a Subscriber or uses the Service until such time that the User’s Subscription has been terminated for any reason whatsoever.

7.2 The User shall be entitled to terminate his/her Subscription by advising Global of such termination in such a manner as may be prescribed by Global from time to time

8. WARRANTIES AND THE SERVICES PROVIDED

8.1 Unless specifically stated in these terms and conditions, Global does not make any warranties relating to the use of the Website and/or the Services.

8.2 Subject to the User’s consent, Global and/or the Trade Partners shall be entitled to send promotional communications to the User about the Service and/or the products offered by the Trade Partners or by Global on behalf of its Trade Partners.

8.3 The User acknowledges that his/her communications, interactions whatsoever with or participation in any promotions made by the Trade Partners through the Service are subject to the terms, conditions and warranties specified in such communication and interactions. The following conditions shall apply to any Services offered to the User by the Trade Partners or any goods procured by the User from the Trade Partners as part of the Service:

8.3.1 the Services shall be subject to the terms, conditions and limitations imposed by the relevant Trade Partner;

8.3.2 the provision of the Service is subject to the continuous provision of the Service by the Trade Partner;

8.3.3 the User agrees that Global can provide or make available the Personal Information to the relevant Trade Partner, to the extent that it may be necessary to enable such Trade Partners and/or Global on behalf of the Trade Partners to provide the Service to the User;

8.3.4 Global shall not be a party to any contract between the User and any Trade Partner. Accordingly, any obligations arising from any such contract shall be between the User and the Trade Partner concerned;

8.3.5 Global shall not be responsible for monitoring any service provided to the User by the Trade Partner;

8.3.6 the User shall evaluate the product offered to him/her and where applicable seek advice about the product/service offered.

8.4 Notwithstanding any publication of the Content by Global, Global does not warrant or represent that the Content is suitable, accurate, correct, complete, reliable, appropriate, or lawful; or endorse the Content.

9. SUSPENSION OR TERMINATION OF SERVICES

9.1 Global shall in its sole and absolute discretion be entitled to:

9.1.1 suspend, interrupt, change or end the Service or any part thereof at any time for any reason without notice to the User and without any liability to the User;

9.1.2 widely publicize changes to the Services that apply generally;

9.1.3 to change and/or introduce any new software for the purposes of the operation of the Website and the Service, without notice to the User. The User shall be responsible for obtaining any compatible software for accessing the Website or the Service.

10. AMENDMENTS TO THE TERMS AND CONDITIONS

10.1 Global shall be entitled to amend these terms and conditions at any time without notice to the User.

10.2 Should the User decide not to be bound by these terms and conditions and any amendments thereto, the User shall be entitled to terminate the Subscription at any time. Notwithstanding termination of Subscription by the User, the User shall be bound by the provisions that are said to be binding on him/her even after termination of the Subscription for any reason whatsoever.

10.3 Any amendments to these terms and conditions will become effective once same is published on the Website or such later date as may be stated by Global.

11. PERSONAL INFORMATION, SUBSCRIPTION AND USE OF THE SERVICE

11.1 In order for the User to be a member of the SA Consumer Initiative, the User shall provide Global with Personal Information.

11.2 The User warrants that personal information supplied to Global pursuant to these terms and conditions is true and up to date. Accordingly, the User undertakes to update his/her personal information from time to time should his/her circumstances change.

11.3 The User shall strictly use the Service in accordance with these terms and conditions and for a lawful purpose.

11.4 Global shall use or deal with the Personal Information in accordance with these terms and conditions and any privacy statement/s that forms part of these terms and conditions from time to time and any privacy laws applicable from time to time.

11.5 Subject to these terms and conditions regarding the use of Personal Information, by becoming a Subscriber, the User authorises Global and/or the Trade Partner to communicate with the User at any time about the Service, products and services offered by the Trade Partners. In this regard, the User consents that Global may source what it in its sole discretion it deems to be relevant offerings to the User based on the Personal information save that Global shall not, without the consent of the User, forward the Personal Information to any third party, such communication shall be made by Global on behalf of the Trade Partner unless the User has directly consented to receive communication from an already identified Trade Partner whilst Subscribing.

11.6 By being a Subscriber and using the Service pursuant to these terms and conditions, the User agrees that Global may for security reasons and subject to the existing privacy laws, intercept, block, filter, read and monitor any communication that the User make or receive in connection with the Service. The User agrees that the consent given in terms of this clause constitutes “written” consent as contemplated in the Act.

12. INTELLECTUAL PROPERTY

12.1 All rights, title and interest in and to the Intellectual Property as well as the copyrights and other rights of whatever nature relating to the information appearing on the Website shall, unless owned by third parties, at all times vest solely in Global.

12.2 The User may not copy or display for redistribution to third parties or for commercial purposes any portion of the Website and/or any information appearing on the Website without Global’s written permission and/or the consent of the third party that owns any such information.

12.3 The User shall not tamper with the Website and the information appearing on the Website in any manner whatsoever.

12.4 Any information including the Content copied, printed or down loaded from the Website shall be subject to the applicable copy right and intellectual property laws.

13. LIMITATION OF LIABILITY AND INDEMNITY

13.1 Global makes no guarantee of the completeness or accuracy of the information appearing on the Website or that such information is up to date or that the Website is and will be free from interruptions, errors, computer viruses or other harmful components. Accordingly, the User uses the Website and/or the information appearing on the Website at his/her own risk.

13.2 This Website contains, may or will contain hypertext or other links to other websites that are not owned or controlled by Global (”third party sites”).  The third party sites are provided to the User solely for convenience. Any information, endorsements of products or services, materials or personal opinions appearing on third party sites should not be construed as an express or implied endorsement by Global unless otherwise stated.  The User uses third party sites at his/her own risk.

13.3 The User assumes full responsibility and risk of loss resulting from the use of the Website and/or the Service. Global will not be liable for any special, indirect, incidental, consequential or any other damages whatsoever, whether in contract, delict (including, but not limited to, negligence), or otherwise, relating to the use of the Website and/or the Service and the User indemnifies Global accordingly. Specifically Global will not be responsible for any compromise of Personal Information on the Website.

13.4 Global shall not be responsible for any damage or loss whatsoever suffered by the User resulting from his/her dealing with the Trade Partners.

13.5 The User acknowledges that Global shall not be responsible for any unauthorised use of Personal Information by any third party including but not limited to the Trade Partners.

14. BREACH

In the event that the User commits a breach of any of these terms and conditions, Global shall be entitled at its sole discretion without prejudice to any of its other rights in law, either to suspend the Services or terminate its relationship with the User in terms of these terms and conditions forthwith and without further notice, in either event, claim and recover damages from the User including commission and legal costs. Global shall not be responsible for any damages suffered by the User as a result of the suspension of the Services or termination of the relationship in terms of this clause 14.

15. GENERAL

The User acknowledges and agrees that:

15.1 these terms and conditions constitute the entire contract between the User and Global and that no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied have been made by Global or on its behalf except as are recorded herein;

15.2 no relaxation, extension of time, latitude or indulgence which Global may show, grant or allow to the User shall in any way constitute a waiver by Global of any of its rights in terms of these terms and conditions and Global shall not thereby be prejudiced or estopped from exercising any of its rights against the User which may have then already arisen or which may arise thereafter;

15.3 he/she may not cede, assign or delegate, or otherwise transfer any of his/her rights or obligations in terms of these terms and conditions without Global’s prior written consent;

15.4 no alteration, variation or amendment of these terms and conditions shall be of any force or effect unless incorporated herein. The User undertakes to read these terms and conditions every time he/she uses Website to familiarise himself/herself with the amendments effected, if any;

15.5 if any provision in these terms and conditions is found to be invalid or unenforceable, the remainder of the terms and conditions will remain enforceable;

15.6 the laws of the Republic of South Africa will govern all terms and conditions of any products and services contained in or offered through the Website and the User consents and submits to the jurisdiction of the courts of the Republic of South Africa in respect of any dispute arising out of use of this website.

16. APPLICATION OF THE ACT

16.1 Data Messages will be deemed to have been received by Global if and when Global responds to the Data Messages.

16.2 Data Messages sent by Global to the User will be deemed to have been received by the User in terms of the provisions specified in section 23(b) of the Act.

16.3 The User acknowledges that electronic signatures, encryption and/or authentication is not required for valid electronic commutations between the User and Global.

16.4 The User warrants that Data Messages sent to Global from any electronic device, used by the User from time to time or owned by the User, were sent and or authorised by the User personally.