Terms and Conditions
1.1 These terms and conditions (“Terms and Conditions”, “Terms of Use”, the “Agreement”) form a legally binding agreement between you (“you”, “your”, “Users”) and The Wedinn (Pty) Ltd (“The Wedinn”, the “Service Provider”, “we”, “us” and “our”) which own and operate the website www.thewedinn.co.za (“the Website”, “the Site”) any other software supplied by The Wedinn (collectively the “Software”).
1.2 The Software is a business directory for the wedding industry (“Industry”, “Market”) providing users an A-Z solution for planning, coordinating and enjoying the wedding of your dreams. The Software enabling users to browse and view listed profiles and offerings of a wide variety of related businesses (“Vendors”) which provide items, services and/or packages within the Industry. Users who register a profile as described in clause 4 (“Registered User”) will gain access to additional value-added functionality including but not limited to the Wedding Planner Guide as well as other personalised offerings (“collectively the “Service”, “The Wedinn Service”.
1.3 These Terms and Conditions are binding and enforceable against every individual including without limitation any companies, organisations or other legal entities that accesses or uses the Service through their respective employees, agents or representatives (“you”, “your” or “User”), including without limitation each Registered User.
By using the Service, you acknowledge that:
1.3.1 you have read, understood and agree to be bound by these Terms and Conditions and any future amendments and additions as published from time to time at www.thewedinn.co.za or through the Software,
1.3.2 you are of legal age in the jurisdiction in which you reside to form a binding agreement with the Service Provider; and
1.3.3 you have the authority to from this binding agreement personally and, if applicable, on behalf of any company, organisation or other legal entity you have named as the User during the User registration process and to bind that company, organisation or other legal entity to these Terms and Conditions.
1.4 You must not use the Service if you do not agree to be bound by these Terms and Conditions.
2.1 These Terms and Conditions apply to Users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
2.2.1 may limit the risk or liability of the Service Provider or a third party; and/or
2.2.2 may create risk or liability for the User; and/or
2.2.3 may compel the User to indemnify the Service Provider or a third party; and/or
2.2.4 serve as an acknowledgement, by the User, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask the Service Provider to explain it to you before you accept the Terms and Conditions by continuing to use the Service.
2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or the Service Provider in terms of the CPA.
2.6 These Terms and Conditions are divided into two sections, namely THE WEDINN SERVICE and GENERAL LEGAL TERMS.
The WedInn Service
3.1 You may browse and view listed profiles and offerings of a wide variety of Vendors providing items, services and/or packages within the Wedding Industry. Browsing is made easy by using listing filters such as geographical are or price range for example.
3.2 You may contact any Vendor by completing the contact form and/or following the WhatsApp integration link associated with the applicable Vendor.
3.3 Via the Voucher Drop Shop, you may browse, view and purchase Vendor specific discount vouchers for items, services and/or packages provided by the applicable Vendor (“Vouchers”).
3.4 The Wedinn Blog hosts informative and education articles related to all aspects of planning, coordinating and enjoying your wedding and may feature Vender specific items, services and/or packages and/or information supplied by the applicable Vendor.
3.5 Registered User also have access to additional value added functionality including but not limited to the Budget Calculator, the Wedding Planner Guide as well as other personalised offerings based on the registered profile.
3.6 We may, in our sole discretion and at any time, suspend or terminate the availability of a Vendor, Voucher, Blog article or personalised offering on the Service.
3.7 You acknowledge notwithstanding that Vendor profiles and related items, services, packages and/or Vouchers are published within the Software, that the Vendors operate independently of the Service Provider. The sale of any item, service, package and/or Voucher is solely between the User and the relevant Vendor. The Service Provider is not a party to said sale but only provides the platform to facilitate the connection between a User and a Vendor and to facilitate the Voucher purchases. The Service Provider is neither the buyer nor the seller of any item, service, package and/or Voucher. After purchasing a Voucher, the User shall receive the purchase receipt together with the printable Voucher. Any claims the User may have in respect of the Voucher shall be against the relevant Vendor and not against the Service Provider.
3.8 The Service Provider does not assess the suitability, legality or ability of any Vendor. The Service Provider is not responsible for the Vendor’s items, services or safety practices and does not verify their compliance with applicable laws or regulations. The Service Provider is not responsible and cannot be held liable for any acts by any Vendor, other than as stated within these Terms and Conditions.
3.9 Because we want you to have an enjoyable, safe and consistent experience, the Service Provider would highly appreciate your feedback in connection with the Service and Vendor items, services, packages and/or Vouchers.
3.10 Should you have a complaint regarding a specific item, service, package and/or Voucher, such complaint has to be directed to the relevant Vendor directly by following the said Vendor’s specified steps and procedure for resolution, whether through the returning items, claiming of warranties or otherwise. Should such complaint escalate into a dispute, although the Service Provider is entitled to become involved in an attempt to resolve it, the Service Provider is not obliged to do so and any disputes must be resolved between the User and the relevant Vendor.
4.1 You expressly represent and warrant that your participation in using the Service is for your sole, personal or internal business use. When using the Service, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using the Service. You may only access the Service using authorised means.
4.2 Only Registered Users may order Items via the Service.
4.3 To register as a User via the Service, you must provide the Service Provider with your unique telephone number, personal details and any other relevant information required. You will then be prompted to select your own password.
4.4 To purchase a Voucher, you will need to use your unique username as well as your password. You agree that an operator may contact you by phone call or instant messaging to confirm your personal details, purchase information and amount owed. For security purposes you agree to enter your correct username and password whenever purchasing Vouchers via the Software, failing which your order will not be processed.
4.5 By using the Service, you expressly agree and warrant that:
4.5.1 You are the sole authorised User of any account you create through the Service and that you are solely and fully responsible for all activities that occur under your password or account.
4.5.2 The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
4.5.3 If you provide any information that is untrue, inaccurate, not current, or incomplete or the Service Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Service Provider has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
4.5.4 You may not create an account or use the Service if you have been previously removed by the Service Provider, or if you have been previously banned from using the Service.
4.5.5 Once your correct username and password have been entered, in relation to the Software, you will be liable for payment of any resulting purchase, irrespective of whether the use of the username and/or password is unauthorised or fraudulent.
4.5.6 You will keep secure and confidential your account username, password or any identification credentials which allows access to the Service.
4.5.7 You will monitor your account to prevent use by children, and you will accept full responsibility for any unauthorised use of your password or your account by children.
4.5.8 You may not authorise others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity.
4.5.9 You will immediately notify the Service Provider upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take all steps available to minimise any resultant loss or harm.
4.5.10 You may post reviews voluntarily on the Service which will be viewable by other Users, regarding your experience with Vendors and/or the Service.
4.5.11 You may not use the Service to distribute material, which is offensive, defamatory, contains or amounts to hate speech or is otherwise unlawful. We are entitled, at any time and in our sole discretion, to remove any reviews and/or comments posted by you in contravention of this clause.
4.5.12 You will only use the Service for lawful purposes; you will not use the Service for sending or storing any unlawful material or for deceptive, fraudulent or malicious purposes.
4.5.13 You will not use the Service to cause nuisance, annoyance or inconvenience.
4.5.14 You will only use the Service for your own use and will not resell either the Software or Service or any items, service and/or packages to a third party since the Service Provider provides an end-user Service.
4.5.15 You will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Vendor or User, unless the Service Provider has given you permission to do so in writing.
4.5.16 You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content displayed through the Service except for your personal, non-commercial use.
4.5.17 You will not copy or distribute the Software or any content displayed through the Service without prior written permission from the Service Provider.
4.5.18 You will not use any device, software or other instrument in any way that could damage, disable, overburden or impair any Service server(s), or the networks connected to any Service server(s) or interfere or attempt to interfere with the proper working of the Service.
4.5.19 You will not attempt to gain unauthorised access to any part of the Service, account, resource, computer system and/or network connected to any Service server(s).
4.5.20 You will not deep-link to the Software or access the Software manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, monitor or systematically retrieve any portion of the Software or any content on the Software for any reason, unless the Service Provider has given you permission to do so in writing.
4.5.21 You will not try to harm other Users or the Service Provider, Vendor, the Software or Service in any way whatsoever.
4.5.22 You will report any errors, bugs, unauthorised access methodologies or any breach of our Intellectual Property rights that you uncover in your use of the Service.
4.5.23 You will not abuse our promotional, coupon or credit code system by redeeming multiple coupons at once.
4.6 The Service Provider may provide you with interactive opportunities through the Service, including, by way of example, the ability to post user ratings, reviews and questionnaires (collectively, “User Content”).
4.6.1 You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit (“Make Available”) through the Service.
4.6.2 You hereby grant the Service Provider a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with the Service Provider’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you.
4.6.3 You further grant the Service Provider a license to use your username and/or other user profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you.
4.7 You agree that any submission of any ideas, suggestions, and/or proposals to the Service Provider through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that the Service Provider has no obligations, including without limitation, obligations of confidentiality, with respect to such Feedback.
4.7.1 You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to the Service Provider a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
4.8 To the extent that you are asked to rate and post reviews of Vendors, items, services and/or packages (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by these Terms and Conditions.
4.8.1 Ratings and Reviews are not endorsed by the Service Provider and do not represent the views of the Service Provider or its affiliates. The Service Provider does not assume liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews.
4.8.2 Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Service, you agree that:
4.8.2.1 you will base any Rating or Review on first-hand experience with the Vendor, items, service and/or package.
4.8.2.2 you will not provide a Rating or Review for any Vendor, items, service and/or package for which you have an ownership interest, employment relationship or other affiliation or for any of that entity’s competitors.
4.8.2.3 you will not submit a Rating or Review in exchange for payment, free Items, or other benefits from a Time Travellers, Vendors, Items or other businesses; and
4.8.2.4 your review will comply with these Terms and Conditions.
4.8.3 If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews, we may exclude such User Content without notice.
5.1 Any Voucher purchase request by Users may be accepted or rejected by the Vendor and/or the Service Provider. The purchase of a Voucher will happen when payment is made by credit card or other payment method as defined in clause 8.3. Whether or not the Vendor and/or the Service Provider can process a Voucher purchase depends on various factors, including but not limited to, the capacity for Vendor, availability of an item and/or package, correctness of the information relating to the item, service and/or package and payment authorisation or receipt of payment by the Service Provider for the Voucher.
5.2 The processing of your Voucher purchase, by the Service Provider, will be indicated by way of push notifications, text message or email (“Acceptance Notice”), and only at that point will the agreements of sale (the “Sale”) come into effect between you and:
5.2.1 the Service Provider in respect of the payment service; and
5.2.2 the Vendor in respect of the Voucher and associated items, services and/or packages.
5.3 Regardless of any earlier communication stating that your Voucher purchase or payment has been confirmed, the Service Provider may indicate the rejection of your purchase by cancelling it, notifying you thereof and, as soon as possible, refunding you for any amount already paid.
5.4 You will not be able to retract or change your Voucher purchase via the Software, or after an Acceptance Notice has been generated unless prompted to do so by the Service Provider in the case of a substitution or out-of-stock scenario.
5.5 Placing Vouchers in your online shopping basket on the Software without completing the purchase process does not constitute an order for Items, and as such, Items may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. The Service Provider and/or the Vendor will not be held liable if such Items are no longer available or are no longer available at a particular price when you complete or attempt to complete the purchase at a later stage.
5.6 The Service Provider bears no liability for any inaccuracies in information relating to Items as the Service Provider relies on information supplied to it by the respective Vendors. You acknowledge that stock of all Vouchers on offer may be limited. Although the Service Provider takes reasonable efforts to ensure that offers of unavailable Vouchers are discontinued on the Service, we cannot guarantee the availability of Vouchers.
5.7 You also acknowledge that the pricing of Vouchers may change at any time without notice to you, and may be subject to pricing error between the Service and the Vendor.
6.1 By using the Service, you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the Service only with the involvement, supervision and consent of your parent or legal guardian. If your parent or legal guardian gives his/her consent, then he/she agrees to be liable and responsible for you and all your obligations under these Terms and Conditions and agrees to be bound to these Terms and Conditions.
7.1 Charges related to each Voucher are reflected within the Service at the time you place the order and include the following (collectively, the “Voucher Charges”):
7.1.1 the Voucher price by the relevant Vendor; and
7.1.2 the service charge levied by the Service Provider.
7.2 The Service provider may change the service charges for the Service as deemed necessary or appropriate.
7.3 Since the Service Provider automatically transfers the funds associated with the Voucher price directly to the Vendor once the User Payment is cleared, the Service Provider shall in no way be liable to refund a User for the purchase of a Voucher. Voucher refunds may be facilitated between the User and the Vendor with no intervention by the Service Provider.
7.4 If specifically requested by you, the Service Provider will provide you with a value-added tax (VAT) invoice for any fees charged by it in respect of the Service. The invoice will be sent to you via email and will only reflect the total price of the purchased Items as a single line item. Please contact the relevant Vendor directly should you require a VAT invoice in respect of the individual Items purchased. Vendor contact details may be requested from the Service Provider. If any Vendor fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.
8.1 The currency used within the Service is South African RAND (ZAR).
8.2 The Service Provider will receive payment of all Voucher Charges and will pay the Voucher price portion thereof to the relevant Vendor. Payment made by you to us for the full Voucher Charges will discharge your payment obligations to the Vendors for the associated items, services and/or packages.
8.3 The following payment methods can be used to order payment:
8.3.1 Credit Card or Debit Card payments via the Software: You will be redirected to the secure site of our payment gateway, PayFast.
8.3.2 Electronic Funds Transfer (EFT): You will be redirected to the secure site of our payment gateway, PayFast.
8.3.3 Payfast is not owned by the Service Provider or under its control. You acknowledge that the Service Provider is not responsible in law while such payment gateway is however committed to uphold strict security standards. The Service Provider will at no stage store your credit card details. For more details about Peach Payments, please visit their website: https://www.payfast.co.za/
8.4 In the case of payments using your credit card or debit card within the Software or similar payment application with linked bank card, we may require additional information in order to authorise and/or verify the validity of payment. We are entitled to withhold processing of your order until we have obtained the additional information and authorisation for all the order charges. If we do not receive authorisation, your order will be cancelled. You warrant that you are fully authorised to use the applicable payment method for purposes of paying the order charges and that your credit card, debit card or linked bank card has sufficient available funds to cover all the order charges.
8.5 With regards to Voucher Charges you understand that:
8.5.1 the prices of Vouchers displayed within the Service may differ from prices offered or published by Vendors for the same Items and/or from prices available at other third-party websites and that such prices may not be the lowest prices at which the Items are sold;
8.5.2 the Service Provider has no obligation to itemise its costs, profits or margins when publishing such prices; and
8.5.3 the Service Provider reserves the right to change such prices at any time, at its discretion.
8.6 You are liable for all transaction taxes on the Service, other than taxes based on the Service Provider’s income.
8.7 Charges paid by you for Vouchers which have been redeemed are final and non-refundable. The Service Provider has no obligation to provide refunds or credits, but may grant them, in each case in the Service Provider’s sole discretion.
8.8 The Service Provider, at its sole discretion, may make promotional offers with different features and different rates to any of our Users. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract.
9.1 We shall make all reasonable efforts to accurately reflect or inform you of the Voucher description, availability, Voucher Charges via the Service. However, should there be any errors of whatsoever nature on the Service, which are not due to our gross negligence, we shall not be liable for any loss, claim or expense relating to a purchase based on any error, the rejection or cancellation of a purchase, save to the extent of refunding you for any amount already paid.
10.1 We want you an enjoyable experience using the Service and to be happy with your Voucher purchase. Please let us know via a support ticket within the Service as soon as possible if there is a problem with the Service and/or item, service and/or package quality.
10.2 Save where we determine in our sole discretion that the cause for the complaint was due to the fault of the Service Provider, we will communicate your complaint to the relevant Vendor, and thereafter the matter will need to be resolved between you and the Vendor. The Service Provider shall bear no liability in relation to such complaint.
General Legal Terms
11.1 The Service Provider may, in its sole discretion, change any of these Terms and Conditions at any time by publishing a revised version at www.thewedinn.co.za or through the Software.
11.2 We will let you know via email, text message and/or a prominent notice on our Service, 30 (thirty) days prior to the change becoming effective and update the “effective date” at the top of these Terms and Conditions.
11.3 Any such change will only apply to your use of the Service after the change is displayed in these Terms and Conditions. If you continue to use the Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.
11.4 You are advised to review these Terms and Conditions periodically for any changes. Changes to these Terms and Conditions are effective when they are posted on the Software. Should you not be satisfied with said changes, you must stop using in any way the Service.
12.1 When you use the Service, or send emails to us, you consent to receiving electronic communications from us or any of our divisions, affiliates or partners in accordance with our Privacy Policy.
13.1 The contents of the Software, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade marks, designs and service marks which are displayed on or incorporated in the Software (“Software Content”) are protected by law, including but not limited to copyright and trade mark law. The Software Content is the property of- and all rights, title and interest including all related intellectual property rights vests in the Service Provider, its advertisers and/or sponsors, and/or Vendors (“collectively “Third Parties”) and/or is licensed to the Service Provider.
13.2 Trade Marks
13.2.1 The Service Provider’s name, “The Wedinn”, and the Service Provider’s logo, including the “clipboard with wording”, are registered trade marks with all rights, title and interest in and to said trade marks vested in the Service Provider and no right or license is granted to use them.
13.2.2 The Item and/or service names and logos and associated brand names and brand logos, some of which are trademarked belong to the respective Vendor and/or suppliers and/or manufacturers with all rights, title and interest in and to said trade marks vested in the respective Vendor and/or suppliers and/or manufacturers and no right or license is granted to use them
13.2.3 The Service Provider acknowledges that all rights, title and interest in and to the Item names and logos and associated brand names and brand logos vests in the respective Vendor and/or suppliers and/or manufacturers. The Service Provider makes no claim in and to the intellectual property, goodwill or reputation of the respective Vendors and/or suppliers and/or manufacturers by displaying their trade mark with the Service or Marketing efforts. These trade marks are displayed for the sole purpose of indicating, to the User, the exact Item or service available to order from the Vendor, via the Service.
13.3 These Terms and Conditions are not a sale and you will not acquire any right, title or interest in or to the Software or the Software Content or any intellectual property rights owned by the Service Provider or Third Parties.
13.4 Any use, distribution or reproduction of the Software Content is strictly prohibited unless expressly authorised by an authorised The Wedinn representative or otherwise provided for in law. To obtain permissions for the commercial use of any Software Content, e-mail: admin@thewedinn.co.za.
13.5 You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Software Content.
13.6 Where any of the Software Content has been licensed to the Service Provider or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions which are notified to you as being applicable.
14.1 The use of the Service is entirely at your own risk and you expressly understand and agree to the fullest extent of the law that you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the Software.
14.2 Changes are periodically made to the Service and may be made at any time without notice to you. The Service is provided to you on an “as is” basis without any representations or warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement.
14.3 Whilst the Service Provider takes reasonable measures to ensure that the content of the Software is accurate and complete, the Service Provider makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Service, or as to the accuracy, completeness, reliability or timeliness of any information and Software Content made available through the Software. If any such representations or warranties are made by the Service Provider’s representatives, the Service Provider shall not be bound thereby.
14.4 In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Service Provider also makes no warranty or representation, whether express or implied, that the Software will operate error-free or that the information or files available on the Software are free of viruses, spyware, malware, trojans, destructive materials or any other data or code (collectively “Viruses”) which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, any handset or mobile device, or your hardware or software in any way. You accept all risk associated with the existence of such Viruses, save where such risks arise due to the gross negligence or wilful misconduct of the Service Provider, its employees, agents or authorised representatives. The Service Provider thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Software.
14.5 The Service Provider disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Service and/or any content therein, unless otherwise provided by law.
14.6 Any views or statements made or expressed on the Service are not necessarily the views of the Service Provider, its directors, employees and/or agents.
15.1 The Software may contain links or references to other websites (“Third-Party Websites”), applications (“Third-Party Apps”) and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Software”). When you click on a link to Third-Party Software, the Service Provider will not warn you that you have left the Software and will not warn you that you are subject to the terms and conditions and privacy policies of another website, application or destination.
15.2 Third-Party Software is outside of our control. These Terms and Conditions do not apply to any Third-Party Software and the Service Provider is not responsible for the practices and/or privacy policies of any Third-Party Software or the “cookies” that may be used therein.
15.3 The Service Provider refer to or provide links to Third-Party Software only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Software or their products or services. You use such Third-Party Software is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Software or your reliance on any information contained thereon.
15.4 It is always advisable to review applicable terms and policies, including privacy and data gathering practices of any third-party websites or third-party applications, and conduct whatever investigation you deem necessary or appropriate before proceeding with any transaction with any third-party.
16.1 The Service Provider cannot be held liable for any inaccurate information published on the Software and/or any incorrect prices displayed on the Software, save where such liability arises from the gross negligence or wilful misconduct of the Service Provider, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to admin@thewedinn.co.za or by phone at +27 83 781 5369
16.2 The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in the Service Provider’s Privacy Policy or as otherwise required by applicable law, the Service Provider is not responsible for any delays, delivery failures, or other economic damage resulting from such problems.
16.3 To the fullest extent of law the Service Provider shall not be liable to anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential or any other loss of damages of any type or kind including but not limited to personal injury, loss of data, revenue, profits, use or other economic advantage which may be incurred by you arising from your use of, inability to use, or reliance upon, contract in relation to, or in any way connected to, the Service or the completeness, accuracy or existence of any information published on the Software or unlawful activity on the Service or as a result of any relationship or transaction between you and any Third-Party Software, Vendor, advertiser or sponsor whose advertising appears or is referred within the Software even if the Service Provider and/or its advertisers and/or sponsors, and/or Vendors have been previously advised of the possibility of such damage.
16.4 Nothing in these Terms and Conditions will:
16.4.1 limit or exclude our or your liability for death or personal injury;
16.4.2 limit or exclude our or your liability for fraud or fraudulent misrepresentation.
16.4.3 limit any of our or your liabilities in any way that is not permitted under applicable law; or
16.4.4 exclude any of our or your liabilities that may not be excluded under applicable law.
16.5 Should it be found that the Service Provider is liable to you, to the fullest extent of the law the Service Provider’s aggregate liability shall not exceed the greater of:
16.5.1 Amounts paid by and/or due from you to the Service Provider in the 6 (six) month period immediately preceding the event giving rise to such claim; and
16.5.2 The remedy or penalty imposed by the statute under which such claim arises.
16.6 The limitation of liability described in clause 18.4.1 shall not apply to liability of the Service Provider for death or personal injury caused by the Service Provider’s negligence or wilful misconduct or for any injury caused by the Service Provider’s fraud or fraudulent misrepresentation.
16.7 You hereby indemnify the Service Provider against any loss, claim or damage which may be suffered by yourself or any third-party arising in any way from your use of the Service or any Third-Party Software.
16.8 You should not divulge your password to anyone. We will never ask you for your password in a telephone call, text message, instant message or e-mail. You are responsible for maintaining the secrecy of your unique password and account information at all times.
17.1 The Service Provider shall use reasonable endeavours to maintain the availability of the Service, except during scheduled maintenance periods. However, we are entitled at any time to discontinue the availability of the Service, or any part thereof with or without notice to you.
17.2 The Service Provider may in its sole discretion terminate, suspend and/or modify the Software, with or without notice to you. You agree that the Service Provider will not be liable to you in the event that it chooses to suspend, modify or terminate the Service, other than for processing any of your unprocessed orders prior to such time, to the extent possible.
17.3 The Service Provider may in its sole discretions, with or without notice to you, suspend and/or terminate your access to the Service, without any prejudice to any claims for damages or otherwise that we may have against you and without any liability which may arise as a result of such suspension and/or termination, other than to refund monies already paid by you, should you fail to comply with your obligations under these Terms and Conditions, including but not limited to:
17.3.1 any incident involving payment of the price of an order for any Item(s);
17.3.2 any incident involving any abuse of the Service and/or reselling of either the Software or Service or any Items to a third party;
17.3.3 any incident involving the manual or automatic scraping, coping, monitoring or systematically retrieval of any portion of the Software or any content within the Software;
17.3.4 any incident involving User impersonation and/or when your user profile does not contain your own personal information;
17.3.5 any incident involving the use of the Service for sending or storing any unlawful material or for deceptive, fraudulent or malicious purposes;
17.3.6 any incident involving the ordering of alcohol or tobacco products by under aged Users, under the age of 18 years in South Africa;
17.4 The Service Provider is entitled, for purposes of preventing suspected fraud and/or where it suspects Service abuse or that you have created multiple User profiles to take advantage of a promotion or Coupon intended by the Service Provider to be used once-off by you, to blacklist you on its database including suspending or terminating your access to the Service, refuse to accept or process payment on any order, and/or to cancel any order concluded between you and the Service Provider in whole or in part, on notice to you. The Service Provider accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order, other than to refund monies already paid by you.
17.5 You can choose to stop using the Service at any time, with or without notice to the Service Provider.
18.1 As between you and the Service Provider or you and any Vendor, no party will be liable to any other party for any delay or failure in performing its obligations, excluding payment obligations, in terms of these Terms and Conditions due to an event beyond its control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with these Terms and Conditions.
19.1 These Terms and Conditions, the relationship between you and the Service Provider, any Vendor and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Service will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
19.2 In the event of any dispute arising between you and the Service Provider, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
19.3 Nothing in this clause 21 or the Terms and Conditions limits your right to approach any forum, tribunal or court of competent jurisdiction in terms of the CPA.
20.1 You hereby select the email address and any delivery address specified within your orders as your legal address (domicilium citandi et executandi), but you may change it by giving the Service Provider not less than 5 (five) business days’ notice in writing.
20.2 The Service Provider hereby selects a copy sent to info@thewedinn.co.za which copy must be sent in order for notice to be validly given, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (domicilium citandi et executandi). The Service Provider may change this address from time to time by updating these Terms and Conditions.
20.3 Notices must be sent in writing either by hand, prepaid registered post or email and must be in English. Unless the contrary is proved, all notices sent:
20.3.1 by hand will be deemed to have been received on the date of delivery;
20.3.2 by prepaid registered post, will be deemed to have been received 10 (ten) business days after the date of posting; and
20.3.3 by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.
For the purposes of the Electronic Communications and Transactions Act 2002, the information of the Service Provider is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Software:
21.1 Full name: The Wedinn (Pty) Ltd, a private company registered in South Africa with registration number 2017 / 357731 / 07
21.2 Main business: Online business directory and promotional agency.
21.3 Physical address for receipt of legal service (also postal and street address): 20 Jenny Lane , 8 A Blouberg Villas , West Beach , Cape Town , 7441 (marked for attention: CEO and Legal), with a copy to info@thewedinn.co.za, which copy must be given in order for notice to be validly given
21.4 Office bearers: Vanessa van der Lith-Nel
21.5 Phone number: +27 83 781 5369
21.6 Official email address: vanessa@thewedinn.co.za
The information of Vendors is available in the relevant Item and/or service listing and/or via the customer support centre contactable at +27 83 781 5369
22.1 The Service Provider may, at any time and for any reason and without prior written notice, in its sole discretion, suspend or terminate the operation of the Service, or the User’s right to use the Service, or any of its contents, subject to processing any of your unprocessed orders prior to such time.
22.2 Your rights and obligations in terms of these Terms and Conditions may not be ceded, assigned or otherwise transferred to any third party.
22.3 Any failure on the part of you or the Service Provider to enforce any right in terms hereof shall not constitute a waiver of that right.
22.4 No indulgence, extension of time, relaxation or latitude which either Party may show, grant or allow to the other Party shall constitute a waiver by the Party of any of the Party’s rights and the Party shall not thereby be prejudiced or stopped from exercising any of its rights against the other Party which may have arisen in the past or which might arise in the future.
22.5 If any term or condition contained herein is declared illegal, invalid, prohibited or unenforceable, then any such term or condition shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining terms and conditions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable term or condition was not a part hereof.
22.6 These Terms and Conditions contain the whole agreement between you and the Service Provider and no other warranty or undertaking is valid, unless contained herein.
23.1 If you have any questions or concerns about these Terms and Conditions, please contact us:
23.1.1 By email: admin@thewedinn.co.za
23.1.2 Over WhatsApp: +27 83 781 5369
23.1.3 By visiting the Contact Page on the Software.
