Disclaimers, Warranties and Limitation of Liability - last updated 10 June 2013

IMPORTANT: We specifically draw Your attention to the following crucial provisions, which We require You to read and agree to prior to concluding any transaction or interacting in whatsoever way with the eBucks Rewards Programme:

  • These Disclaimers, Warranties and Limitation of Liability provisions must be read with Our Terms and Conditions. In the event of conflict between the terms of this document and the Our Terms and Conditions, then the terms of this document will prevail to the extent of the inconsistency.
  • All words starting with capital letters have further been defined in the DEFINITIONS clause at the end of Our Terms and Conditions.
  • Nothing herein contained shall limit or exempt a supplier of goods or services from liabilility for any loss directly or indirectly attributable to the gross negligence of the supplier or any person acting for or controlled by the supplier, as envisaged in Section 51(1)(c)(i) of the Consumer Protection Act.
  • Nothing herein contained shall limit or exempt a producer, importer, distributor or retailer from liability for harm or damage caused by goods, as envisaged in Section 61 of the Consumer Protection Act.
  • Nothing herein contained shall limit or exempt a producer, importer, distributor or retailer from the implied warranty concerning safe, good quality goods as envisaged in Section 56 of the Consumer Protection Act.
  • Nothing herein contained shall limit or exempt a service provider from the implied warranty on repaired goods, as envisaged in Section 57 of the Consumer Protection Act.
  • If any of these provisions conflict with the provisions of the Consumer Protection Act the latter shall prevail.
  • We are committed to the provisions and the spirit of the Consumer Protection Act. As it is new law difficulties concerning the interpretation and the application of the law will inevitably arise. We invite you to contact our Contact Centre on 087 320 3200 if you feel that we have not complied with the spirit or the letter of the law so that We can take corrective action, if required.

GENERAL

We will not be liable for any loss or damage which You, incur, suffer or attract (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage) arising as a result of:

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DISPUTE PERTAINING TO THE EARN OF eBUCKS

We merely run the eBucks Rewards Programme on behalf of the Partners, therefore

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BUSINESS, TRANSACTOR AND PRIMARY MEMBER's LIABILITY

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TAX IMPLICATIONS : IMPORTANT NOTICE

We strongly recommend that you obtain independent professional advice regarding the tax implications arising from the receipt, accumulation or spend of any discounts, rewards, benefits or eBucks.

You are fully responsible for any tax implications arising from or associated with any discounts, rewards, benefits or eBucks received, accumulated or spent due to You being a Member of, or participating in, the eBucks Rewards Programme.

You agree that You will not hold Us, FNB or FirstRand Bank Limited ("the Bank") liable and You hereby fully indemnify the Bank, and hold the Bank completely harmless, against all damages, claims and fines made against You or the Bank, including all legal costs on an attorney-and-own-client scale, to the extent to which such damages, claims and fines arise out of or are connected to any taxation relating to Your receipt, accumulation or spend of any discounts, rewards, benefits or eBucks, or the charges in respect thereof.

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ACKNOWLEDGEMENT: PRODUCT LIABILITY

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LIMITATION OF LIABILITY RELATING TO COMPETITIONS

Subject to Section 36 of the Consumer Protection Act, neither We, the Promoter or any of Our orther Promoter's employees, directors, partners, members, trustees, beneficiaries, agents, consultants, sub-contractors, sponsors, affiliates, holding or subsidiary companies accept liability, to the fullest extent allowed in law, for any direct or indirect loss, any damages suffered, injuries sustained, including death, loss of property, pure economical loss or any other adverse effect whatsoever suffered by any participant and/or his/her dependants (including without limitation his/her spouse, partner, children, parents or grandparents) resulting from the participants participation in the competition or the collection or use of the prize whatsoever and howsoever arising.

Your enrolment and participation in the competition shall be wholly at Your own risk and neither We nor the Promoter provides any warranty of any kind, either expressed or implied.

Full liability and risk passes to the winner of the competition on delivery or use of the prize, whichever date occurs first.

Neither We nor the Promoter or any of Our and the Promoter's employees, directors, partners, members, trustees, beneficiaries, agents, consultants, sub-contractors, sponsors, affiliates, holding or subsidiary companies accept any liability, to the fullest extent allowed in law, whatsoever for:

If the competition prize constitutes, in whole or In part, a travel related activity, then:

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TRAVEL

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DEFINITIONS

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