Terms of Service & Privacy Policy

1. Introduction

1.1 Flutta provides information and promotes the saleof fashion, health and beauty productsand more plus experiences and travel via Flutta Vouchers through the website

1.2 All users and/or consumers will use the website and/or enter into an agreement with Flutta on the Flutta terms and conditions.

1.3 By using the website, you agree to be bound by the Flutta terms and conditions in force atthe time of using the website.

1.4 Flutta may change the Flutta terms and conditions by publishing the amended terms onthe website.

1.5 If you do not agree to be bound by the Flutta terms and conditions you may not use thewebsite and/or must delete your account with Flutta.

2. Definitions

In the Flutta terms and conditions the following words will have the following meanings:

2.1 “Flutta is a divison of Flook Sporting Deals (Pty) Ltd, a South African company (Registration number: 2016/377685/07) with registered offices at 39 Tokai Road, Cape Town 7806

2.2 “Consumer” or “you” means a person who has entered into an agreement with Flutta to purchase a Flutta product and or Voucher on the Flutta terms and conditions;

2.3 “Flutta terms and conditions” means these website terms and conditions, together with any policies, including but not limited to the Privacy Policy and Security Policy in force at the time;

2.4 “Flutta Voucher” means a promotional voucher as more fully described in clause 4.2;

2.5 “Flutta Voucher price” means the price paid by the consumer to Flutta for the purchase of the Flutta Voucher;

2.6 “Flutta Voucher goods and/or services” means the goods and/or services that form the subject of the Flutta Voucher promotion;

2.7 “promotional period” means the period specified on the Flutta Voucher during which a consumer can redeem the Flutta Voucher to receive the goods and/or services;

2.8 “supplier” means the supplier of the goods and/or services;

2.9 “user” or “you” means any user of the website;

2.10 “website” means www.flutta.co.za.

3. Website use and restrictions

3.1 Flutta gives you a limited, revocable license to use the website subject to the Flutta terms and conditions only.

3.2 Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website.

3.3 You may only use the website if you are 18 years of age or older.

3.4 The website may only be used for personal, non-commercial reasons.

3.5 You may not:

3.5.1 provide any untrue or incorrect information to Flutta or the website;

3.5.2 modify, copy, decompile or reverse engineer the website or use the website to make derivative copies;

3.5.3 lease, sell, assign or in any other way distribute information on the website without the prior written consent of Flutta;

3.5.4 use malicious search technology, including but not limited to spiders and crawlers; 3.5.5 frame any pages of the website;

3.5.6 deep link to any pages of the website in a way to suggest that you are the owner or licensee of any intellectual property in the website;

3.5.7 use the website or linked websites, to post any material which in Flutta’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, inappropriate in any way or otherwise violates any laws;

3.5.8 in any way disrupt the operations of the website, including but not limited to sending bulk email messages or spam messages.

4. Flutta Voucher

4.1 Flutta promotes the sale of Flutta Vouchers through the website. You can only purchase a Flutta Voucher through the website.

4.2 A Flutta Voucher is a promotional voucher which can be redeemed at the supplier specified on the Flutta Voucher to receive the Voucher goods or services at a discount price within the promotional period.

4.3 The promotional price for the goods or services is only available to the consumer within the promotional period.

4.4 If a consumer does not redeem the voucher within the promotional period, then he/she is still entitled to redeem the Flutta Voucher with the same supplier for the same goods, but the promotional price will no longer be available and the consumer will have to pay the supplier the difference between the Flutta Voucher price and the price of the promotional goods or services at the time of redemption of the Flutta Voucher.

4.5 The supplier of the goods or services will supply the goods or services on its own terms, subject to applicable law.

4.6 In order to purchase a Flutta Voucher, you need to register on the website.

4.7 Flutta and the supplier will not be liable in case of a lost or stolen Voucher and will not replace it.

4.8 You may not reproduce, sell or trade Flutta Vouchers.

4.9 Vouchers used for promotion are subject to terms and conditions of the promotion.

5. Registration and User Account

5.1 You do not need to register with Flutta to view a product or promotion advertised on the website. However, you do need to register in order to make a purchase on the Flutta website.

5.2 Flutta reserves the right to reject any new registration or to cancel an existing account at any time. Cancellation will not affect the validity of a Flutta Voucher purchased before cancellation.

5.3 In order to browse beyond a certain point on the site (there may be a time-based limit or a page-view limit on browsing), you will be required to sign up. You will be required to supply certain personal information to Flutta. For more information about this, please refer to our Privacy Policy.

5.4 You must provide correct, up to date and true information to Flutta. You must also update information if any of the information provided to Flutta changes at any time. Flutta reserves the right to close any accounts for breach of this clause without notice, including but not limited to accounts that have been registered with an invalid email address or an email address belonging to another individual.

5.5 You will be required to choose a password upon registration. Note that it is your responsibility to protect the privacy of your password. You may not provide this information to any third party and any individual to whom your password and username is disclosed will be considered authorised by you to act as an agent for you for the purposes of using the website. If you become aware of a breach of security regarding your password or personal login information, or any unauthorised use thereof, you must notify Flutta immediately by email to [email protected].

6. Using the website to purchase Flutta Vouchers

6.1 Flutta is committed to conduct business on the applicable principles of the Consumer Protection Act 68 of 2008 (‘CPA’) and Electronic Communications and Transactions Act 25 of 2002 (‘ECT Act’).

6.2 By promoting the Flutta Voucher, Flutta invites you to make an offer to purchase the Flutta Voucher. The agreement for the sale of the Flutta Voucher is concluded when Flutta sends you confirmation of receipt of the purchase price via email.

6.3 You agree that Flutta will send all communications relating to your use of the website or Flutta Vouchers bought through the website to the email address provided on registration. You may at any time opt out of receiving any promotional material from Flutta.

7. Flutta Voucher goods and/or services

7.1 Flutta is not the supplier of the goods and/or services and does not guarantee the quality, usability, safety or any other aspect of the goods or services for which the Flutta Voucher may be redeemed.

7.2 The supplier (and not Flutta) is solely responsible for the quality, safety and availability of the goods and/or services.

7.3 Flutta Vouchers must be redeemed once off and in full.

7.4 The supplier will provide the Voucher goods and or services to consumers once verified that the consumer is tendering a legitimate Flutta Voucher.

7.5 If the Flutta Voucher is redeemed outside of the promotional period, then the supplier may require the consumer to pay the difference between the Flutta Voucher price and the price of the Flutta Voucher goods and or services at the time of redemption of the Flutta Voucher.

8. Flutta rights and duties

8.1 Flutta will use reasonable endeavours to correct any omissions or errors on the website as soon as it is practical to do so after being notified thereof. However, subject to applicable law, Flutta does not guarantee that the website or Flutta Vouchers will be free of errors, and we do not accept liability for any omissions or errors. Should you encounter an error, please notify [email protected].

8.2 While Flutta endeavours to provide uninterrupted access to its website access to both may be restricted, suspended or terminated at any time and Flutta does not guarantee that the user’s use of the website will be uninterrupted and further, we do not guarantee that any messages or information sent via the website will be transmitted reliably, accurately, in a timely manner or at all.

8.3 Flutta reserves the right to modify, amend, substitute, suspend or remove without any prior notice any data, information or Flutta Voucher on the website.

8.4 If the website is down for any reason other than terminating the website, we will attempt to restore the website as soon as reasonably possible. Flutta assumes no responsibility for functionality that is dependent on the Internet browser you use, or any other third party software to operate.

8.5 Flutta reserves the right to remove and/or edit any content that in our reasonable opinion may lead to a breach of the agreement, and/or to block access to same.

9. Suspension and Termination

9.1 Flutta may terminate the agreement and relationship with you immediately if:

9.1.1 you commit any breach of the agreement with us;

9.1.2 we have reasonable grounds to suspect that you are committing, or may commit, any fraud against us or any person.

9.2 Flutta may terminate the website at any time in which event the agreement with you will be terminated immediately. After termination you will still be able to redeem any Flutta Vouchers purchased before termination.

9.3 Flutta’s right to terminate the agreement with you shall not prejudice any other remedy or right we may have in law, including but not limited to institute action for damages or specific performance.

10. Indemnity

10.1 All users agree to indemnify, defend and hold us harmless against any liability, loss or damage we may suffer as a result of your use of the website, a Flutta Voucher, or any breach of the agreement with us.

11. Limitation of Liability

11.1 Although we shall take reasonable care to ensure the correctness of information, the website including all applications, scripts and content is provided as-is.

11.2 By using the website, you acknowledge and agree that you are downloading any content at your own risk, and the responsibility for the consequences of your usage of the content and the website lies solely with you.

11.3 Subject to applicable law, Flutta shall not be liable for any direct, indirect, consequential, incidental, or economic loss or damages, including but not limited to loss of profit, loss of data, injury, loss of honour, dignity and/or goodwill resulting from the use of the website or the Flutta Voucher.

12. Advertisements

12.1 Flutta may in its discretion enter into agreements with suppliers to advertise or offer their goods or services through the website.

12.2 Flutta will always clearly indicate the goods or services offered by companies other than us.

12.3 Any advertisements may be displayed on Flutta’s behalf by third party marketing companies.

12.4 No personal information (such as name, contact details, email address, postal address, etc.) will be used during the course of serving our advertising. However, our affiliates or third party advertisers may leave or recognise a unique “cookie” on your browser. More information about this is provided in ourPrivacy Policy. These cookies will not collect personal information about you, and they are not connected to any of your personal information. Learn more about this practice, and what your choices are about not having Flutta use this information, by reading ourPrivacy Policyon the website.

13. Links to and from other websites

13.1 Flutta may provide links to third party websites, solely for the purpose to provide information.

13.2 Flutta has no control over the content, goods or services of these websites, and will not be liable for any damages, including economic and consequential loss that you may suffer as a result of any use of these websites or these websites not being available for any reason.

13.3 It may be possible for users to access microsites (that is, auxiliary websites that are supplementary to the primary website, www.Flutta.co.za). This access may be made possible within or otherwise through external hyperlinks.

14. Intellectual Property Rights

14.1 We or the licensors or third party owners own all intellectual property rights (including but not limited to copyright, trademarks, patents, service marks, trade names, designs) in the website or informational material on the website or accessed through the website, including but not limited to designs, graphics and text, photos, music, software, video, sound and their arrangement and selection, and all software compilations, underlying source code and software (including scripts and applets), and it shall at all times remain the property of Flutta or that of our licensors.

15. General

15.1 No Partnership/Agency: The agreement between you and Flutta shall not be considered to establish a partnership, joint venture or agency relationship at any time.

15.2 Assignment: You may not delegate or assign or in any other way deal with any or all of your obligations or rights in terms of the agreement. Flutta shall have the right to assign or in any other way delegate any or all of our obligations or rights to any person under this Agreement.

15.3 Force Majeure: Flutta shall not be liable for any breach of the agreement in any circumstances where we are unable to carry out our obligations due to causes that are reasonably beyond our control, including but not limited to malicious damage, explosion, failure of any computer system or telecommunications devices or systems, compliance with any law, and/or accident, or by any resultant damage of such events.

15.4 Entire Agreement: The Flutta terms and conditions includes all the terms agreed upon between the parties regarding its subject matter.

15.5 No Waiver: In the event of a waiver by us of any default by you in terms of the agreement it shall not be considered to be a waiver by Flutta of any future defaults, regardless of whether said future default is of a same or different nature. No granting of time or other indulgence or forbearance by us to you shall not in any way discharge, release or otherwise affect your liability in terms of this Agreement.

15.6 Domicilium Citande et Executandi (‘domicilium’): You choose as domicilium address to receive all notices, the address provided to us during registration. We choose as our domicilium address our physical office at Flook Sporting Deals (Pty) Ltd, a South African company (Registration number: 2016/377685/07) with registered offices at 39 Tokai Road, Cape Town

15.7 Governing Law: The relationship and agreement between the parties, shall be construed and regulated in accordance with, and governed by South African law, and both parties hereby submit to the exclusive jurisdiction of the courts of South Africa.

1. Introduction

The right to privacy is an integral human right recognised and protected in the South African Constitution and in the Protection of Personal Information Act 4 of 2013 ("POPIA"). We regard the lawful and correct treatment of personal information as important to the achievement of Flutta as a division of MoreCorp’s objectives. MoreCorp refers to MoreCorp Proprietary Limited, including affiliates or members of the MoreCorp Group such as Flook and Flutta, our branches, business units, divisions, employees and volunteers, contractors, suppliers and other persons acting on behalf of MoreCorp (“we”, “us” or “our”). Through the provision of quality goods and services, MoreCorp is necessarily involved in the collection, use and disclosure of certain aspects of the personal information of clients, customers, employees and other stakeholders. We are committed to effectively managing this personal information in accordance with POPIA. This Privacy Policy describes how MoreCorp will use your personal information and under what circumstances your personal information will be disclosed. 1.2 This privacy policy, (“policy”) informs users of the website and service about what type of personal or company information we collect and how we use that information.

1.3 By using the www.flook.co.za website (‘website’), you agree to the terms of this policy and agree that we may collect and use your personal information in accordance with this policy. Should you not agree to this policy, you must leave the website immediately and not use or access the website in future.

2. Personal Information

2.1 For the purpose of this policy, personal information means any information by which you may be personally identified and includes without limitation your name, surname, email address, password, postal address, phone number, city, payment details, product data and details, product preference, Facebook details and Twitter details.

3. Type of information collected

3.1 Flutta will collect personal information from users who wish to make use of the website and/or its services.

3.2 In addition to the above we may also collect information that doesn’t identify you personally. This may be information relating to the URL via which you entered the website, a URL of a website you clicked on upon leaving our site, your IP address or information about how you use your browser.

4. How we use the personal information

4.1 Flutta will collect and use personal information and non-identifying information from you in order to:

4.1.1 Register individual users, manage their accounts and provide efficient customer service to them;

4.1.2 Ensure that we offer appropriate deals to our customers based on their preferences and interests. (In this regard we use the information gathered when conducting market research. During this research, the user remains anonymous);

4.1.3 Send emails/newsletters advertising our special offers and latest news;

4.1.4 Send promotional emails that may be of interest to consumers based on the information provided;

4.1.5 Help safeguard consumers against online and/or credit card fraud;

4.1.6 Access control of password protected areas.

4.2 The information we collect may also be used to analyse user behaviour on the website, for example to analyse which content is viewed most frequently, which content is not viewed often, and how much time users spend on the website and specific pages thereof.

5. Cookies

5.1 To collect and analyse the data referred to in clause 4.2, we make use of analytics programs offered by third party providers. In order to collect information, these programs leave cookies on users’ computers – that is, text files or pieces of information that may be stored in your computer’s hard disk drive when you visit our website that enable the collection and analysis of online user behaviour.

5.2 By examining this information, we are able to improve our services and provide the most appropriate deals and products to our customers. It further ensures that we always provide the best possible service to our customers.

5.3 Most browsers are initially set to accept cookies. If you do not wish to accept cookies, you can set your computer to refuse cookies or to alert when cookies are being stored. Please note that should you refuse the use of cookies, our ability to provide you with personalised services will be limited.

5.4 We wish to bring to your attention the fact that cookies cannot and will not be used to capture an e-mail address, obtain information from the hard drive or gain confidential or sensitive information about you. Furthermore, cookies are unable to be read by websites other than the one that sets the cookie.

6. Accessing your personal information

6.1 You may request access to your personal information stored in Flutta’s database.

6.2 Furthermore, consumers may demand that this data be removed, provided that removal will not be in conflict with existing legislation regarding online data storage.

6.3 In order to access your personal information, please email a written request to [email protected], and include certified proof of identity.

7. Disclaimer and disclosures

7.1 Flutta will not sell, rent or otherwise distribute your personal information to third parties, except as provided for in this policy.

7.2 Flutta and its authorised employees/representatives or third party contractors will access and use this information provided it falls within the scope and ambit of the authorised employees/representatives or third party contractors’ employment or contract with Flutta. Please note that this excludes situations in which disclosure is required by collection companies.

7.3 Flutta will disclose certain personal information when a consumer purchases a deal from Flutta, and the relevant service provider requires the consumer’s details in order to validate the coupon. In such a case, the consumer’s name, email address and phone number, and any other relevant details, will be given to the service provider.

7.4 Flutta will disclose personal details if required by law or in terms of a court order, or if in Flutta’s discretion required to protect the Flutta service.

7.5 Flutta does not intentionally obtain personal information from people under the age of 18.

7.6 Flutta may assign its rights to the information to a third party, but will notify you in the event of this taking place. Should you have concerns or objections about the third party to which Flutta intends to assign the rights, you may request that your account be deleted.

8. Security

8.1 Flutta applies advanced security technology to safeguard your personal information from wrongful use. Only authorised personnel have access to your information.

9. Limitation of Liability

9.1 Flutta will take all reasonable steps to safeguard the integrity of your personal information and the consumer’s right to privacy. Subject to all applicable law. Flutta cannot accept any liability for unauthorised or unlawful disclosure of your personal information, including disclosure made by third parties who are not controlled by Flutta.

10. Breach

10.1 Any unauthorised use of Flutta’s information systems may constitute a violation of law, including the Electronic Communications and Transactions Act 25 of 2002, which may lead to civil or criminal action against you.

11. Amendments to this policy

11.1 This policy may be amended at any time, in part or in whole, at the sole discretion of Flutta. It is thus recommended that you review it from time to time, as continuing use of the website following changes to the policy will be considered acceptance of the changes. Any amendments will be posted on the website and will only apply to activities taking place subsequent to the amendments.

11.2 Please note that this policy forms part of the Terms & Conditions of using the website, and any changes made to it will be effective immediately upon publication of the changes on the website.

12. Contact us

12.1 Should you have any queries or concerns about this Policy, help is right here, please visit our website and complete the contact us page.