PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER IN ORDER TO PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any documents, information or any other content appearing on the Site, including this Agreement, without notice to users of the Site.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
4. Use of Information.
5. Links to Other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
6. Third-Party Services.
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantibility or non-infringement under no circumstances are we liable for any damages arising from the transaction between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
7. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Our Disclaimer, as it may change from time to time, is a part of this Agreement. – read more
9. Product Specifications
From time to time products will be modified, improved upon or discontinued. We reserve the right to alter/change specifications without notice and without prejudice.
10. Finish Colour Accuracy
We do our very best to display the range of finish colours accuratley, however colour perception can differ from person to person. Factors such as monitor type,age or settings, print variations and personal perceptions do come into play.
Loyalty Program Terms & Conditions
LOYALTY PROGRAMME TERMS AND CONDITIONS
1. Receipt of a loyalty card does not result in automatic participation in the loyalty programme. Your participation in the loyalty programme shall only become active once you have accessed the TWISP website (www.twisp.co.za); using the link unique link sent to you, and ticked the box accepting the terms and conditions set out herein.
2. The loyalty card can only be used for purchase transactions concluded at TWISP sales kiosks.
3. In order to qualify for the benefits of the TWISP loyalty card you need to; at the actual time of the transaction, present the card for all over the counters transactions or provide the unique loyalty card number for on-line or telephonic transactions. If you do not present your loyalty card or loyalty card number as aforesaid, we will not credit your loyalty account or allow redemption of points after the fact.
4. Loyalty card points can unless otherwise advised only be redeemed at TWISP sales kiosks.
5. The loyalty card remains the property of TWISP, lost or damaged card can be replaced at the replacement fee as determined and published on the TWISP website from time to time.
6. TWISP reserves the right to; without notice to you, suspend and/or terminate your participation in the loyalty programme in the event of it suspecting fraudulent and/or inappropriate conduct, abuse or misuse of the loyalty card issued to you and/or of the loyalty programme by you. In the event of the aforegoing any benefits accrued under the loyalty programme will also automatically be suspended and/or terminated.
7. The loyalty programme works on a point system in terms of which every 7 (seven) points accumulated entitle you to one free 20ml Twisp Refill Flavour upon your next flavour purchase. Loyalty points accrued will only reflect 24 (twenty four) hours after a purchase. The free 20ml Twisp Refill can only be redeemed simultaneously with any subsequent purchase of a 20ml Twisp Refill Flavour after the aforesaid 24 (twenty four) hour period has lapsed.
8. One (1) point will be allocated to you for every 20ml TWISP Refill Flavour purchased by you at full price.
9. Where 20ml TWISP Refill Flavour are offered for sale on promotional or discounted prices you will be allocated one (1) point for the first 20ml TWISP Refill Flavour purchased by and a half (0.5) point for every additional 20ml TWISP Refill Flavour purchased by you in terms of the promotional or discounted prices. This point allocation shall not apply to specials or promotions where 20ml TWISP Refill is coupled with other TWISP products and sold as a package deal.
10. Point allocation is limited to one loyalty card per item purchased.
11. Delivery charges; if applicable, of the free 20ml Twisp Refill Flavour shall be for your own account. The value of the free 20ml Twisp Refill Flavours will; for the purposes of total purchase price calculation for courier cost liability, be excluded from the value of any order placed.
12. Points cannot be exchanged for cash or transferred to another loyalty card holder.
13. Points are only valid for a period of 90 days from date of being allocated against your loyalty account.
T059 – TWISP LOYALTY PROGRAM T&C – 140514
13. We may from time to time run special promotions, including package deals, where point allocation will differ from the standard as set out above. Notification and details of these promotions and the point allocation relating thereto will be on our website as well as TWISP sales kiosk.
LEGAL SMALL PRINT
15. You must be over the age of 18 and a natural person to qualify for a TWISP loyalty card.
16. You acknowledge and warrant that all registration information supplied and submitted by you is truthful and accurate and that you undertake to maintain the accuracy of the information supplied.
17. Loyalty cards are not transferrable.
18. We will not disclose your personal information to a person who is not in the employ of TWISP without your prior permission, unless we are compelled by law or in terms of a court order to do so or it is in the public interest to do so, or it is necessary to protect our rights and ensure the integrity of and operation of our business.
19. We will on our own initiative, or at you request, rectify or erase any incomplete, inaccurate or outdated personal information retained by us. You agree that we may aggregate information from your use of the loyalty card by removing personally identifiable information such as names, and to use and disclose such non-personalized aggregate information in our discretion.
20. We shall take all reasonable steps to protect your personal information. For the purpose hereof, “personal information” shall be as defined as detailed in the Promotion of Access to Information Act,2 of 2000 (“PAIA”).
21. You agree that we may without further notice to you and without payment or other compensation to you electronically collect, store and use the following information of you:
21.1 name and surname
21.2 birth date
21.4 contact details, including email address and mobile phone number
21.5 purchasing history.
22. We collect, store and use the above-mentioned information for the following purposes:
22.1 to greet you when you contact us;
22.2 to compile non-personal statistical information about you for marketing and promotional purposes;
22.3 for research to develop new products, services and offers.
23. Twisp owns and retains all rights to non-personal statistical information compiled and collected.
24. By submission of the loyalty card application you consent to receive electronic communications, promotional and marketing material from us and agree that all notices, disclosures and other communications sent by us satisfies any legal requirements, including but not limited to the requirement that such communication should be “in writing”.
25. All electronic marketing material will contain an unsubscribe link which you can click on to remove you from the electronic marketing mailing list should you wish not to receive further electronic marketing material from us.
26. This loyalty program is subject to the provisions of the Consumer Protection Act, 68 of 2008, as amended from time to time (“the Act”). Unless otherwise provided for in the Act, members of the loyalty program shall have no damages claim against TWISP, its management, trustees or employees arising out of their participation in the loyalty program.
27. TWISP reserves the right to terminate or suspend this loyalty program with 1 (one) month’s prior notification, which notification will be recorded on our website and also displayed at TWISP sale kiosk, and may also be transmitted to you via email or sms. The notice period will apply from the date of the publication thereof on the TWISP website and shall be deemed to be binding on all members of the loyalty program.
28. TWISP further reserves the right to at any time change the terms, conditions and benefits of this loyalty program by publication thereof on the TWISP website. The change will take effect 20 (twenty) business day after date of publication on the TWISP website.
29. Any dispute in relation to the loyalty program will be determined by the management of TWISP or its nominee, whose decision shall be final and binding, not subject to appeal or review and with no correspondence being entered into.
Social Media Guidelines
The following are general guidelines that influence whether or not a comment will remain live and how it will be responded to:
- Comments featuring swearing, name-calling or otherwise abusive language are unacceptable and will be removed immediately.
- Keep your posts relevant. If you leave multiple comments not related to the content posted, they may be deleted. If you have an unrelated query/complaint please send a direct message to our inbox.
- Comments that are racist, sexist, homophobic or otherwise offensive will not be tolerated.
- Comments that incite people to commit a crime will not be tolerated.
- Keep your comments coherent. If the moderator cannot understand your comment because of poor spelling, grammar or logic, it will be difficult for our customer service representatives to respond.
- Do not post content which you have copied from someone else and for which you do not have the copyright.
- DO NOT SHOUT. Writing in caps is considered shouting in web etiquette.
- No spamming or flooding. Do not repost the same message, or very similar messages, more than once.
- No inappropriate usernames.
- We welcome you to direct complaints and queries to the inbox where we can handle issues more efficiently and in thorough detail.
- We value our customers as well as their feedback as it is crucial to the improvement of our products and business. However, offensive and aggressive messages may not be tolerated. Please keep the tone civil and offer constructive feedback.
- These terms and conditions, together with the terms and conditions that are specific to any Competition (as defined below) (the ‘Competition Terms’) are known as the ‘Rules’. Words used in the Competition Terms shall have the same meaning when used here. In the event of any conflict between the Competition Terms and the Standard Terms, the Competition Terms shall prevail.
- The Rules apply to any competition (the ‘Competition’) that is promoted on the Twisp website (www.twisp.co.za) or Twisp Social Media accounts and by entering the Competition, you agree to be bound by the Rules.
- Twisp reserve the right to cancel or amend all or any part of the Competition and/or the Rules without notice for any event that is outside of Twisp’s reasonable control. Any changes to the Rules, or cancellation of the Competition, will be posted on the Twisp website (www.twisp.co.za). It is the responsibility of entrants to keep themselves informed as to any changes to the Rules.
- In the event of any dispute regarding the Rules, the conduct or results of the Competition, or any other matter relating to a Competition, the decision of Twisp shall be final and unchallengeable and no correspondence or discussion shall be entered into, comment issued, or reason given in respect of any decision made by Twisp.
- By entering the Competition, you hereby warrant that all information submitted by you in your Entry is true, accurate and complete in every respect. Twisp reserves the right to verify any information contained in your Entry and/or your eligibility to enter the Competition.
- Unless otherwise stated in the Competition Terms, the Competition is only open to persons who are resident in South Africa and persons who are resident outside of South Africa may not apply. Where a Competition is open to persons who are resident outside of South Africa, no person may enter the Competition if the Competition breaches any law or regulation of the jurisdiction in which they are resident.
- The Competition is open to persons over the age of 18. Entrants may be required to provide proof of identity.
- Twisp reserve the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to Twisp disqualifying that person, without Twisp giving any reason for such disqualification or granting any opportunity for challenge.
- The promotional competition is open to permanent residents of South Africa over the age of 18 years except any employee, director, member, partner, agent or consultant or any person directly or indirectly who controls or is controlled by the Promoter and/or immediate family members of any employee, director, member, partner, agent or consultant of or person indirectly or directly in control or controlled by the Promoter, its advertising agencies, advisers, dealers, suppliers and/or associated companies, and/or a participant who has won a prize through a promotional competition run by the Promoter at least three months prior to the announcement of the winner of the Prize. (“Disqualified Persons”).
- In the event that a Prize-winner is disqualified from the Competition, Twisp will, unless otherwise stated in the Competition Terms, select an alternative Prize-winner in the same manner as the original Prize-winner and such selection will be subject to the Rules.
- Entries must be made by the Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification.
- There is no requirement to make any purchase in order to enter the Competition or access the website.
- Prize-winners will be selected and notified in the manner set out in the Competition Terms. No prize will be awarded where any entrant has committed any form of misconduct (as determined by Twisp in its sole discretion).
- Where Entries are judged on artistic or other subjective criteria, Twisp reserves the right to amend the criteria used to judge Entries.
- Prizes are non-transferable and there is no cash alternative. In the event of a prize being unavailable for any reason Twisp reserve the right to substitute prizes of equal or greater value at any time.
- Prizes must be accepted in the manner set out in the Prize Notification. In the event that any Prize Notification is returned as undeliverable or any Prize-winner fails to validly reply to a Prize Notification within 28 days, Twisp reserves the right to disqualify the Prize-winner and select an alternative Prize-winner in accordance with Rule 10 above.
- Twisp accepts no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the Competition, including as a result of any entrant winning or not winning any prize.
- Twisp accepts no responsibility for Entries lost, damaged or delayed in the post, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
INTELLECTUAL PROPERTY RIGHTS AND DATA PROTECTION
- You agree that Twisp (and any third party authorised by Twisp) may use your Entry (whether or not it wins the Competition) for any promotional purpose (for example, placing it on Twisp’s website or on any poster, leaflet or other advertising media). You confirm that your Entry is original that you own and have the right to license to Twisp the copyright and other intellectual property rights in the Entry for the purposes referred to in these Rules. You will retain ownership of copyright in your Entry but you give Twips (and any third party authorised by Twisp) your irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-licence your Entry worldwide for such promotional purposes and for the purposes of the Competition.
- Twisp will use any personal information that you provide with your Entry for the purposes of the Competition and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation.
- All Prize-winners unconditionally agree (as a condition of accepting any prize) to: (a) the use of their name, one or more photographs of themselves and disclosure of their county of residence (if such Prize-winner is resident within SA) or country of residence (if such Prize-winner is resident outside the SA); and (b) co-operate with or participate in any other reasonable post-Competition publicity.
GOVERNING LAW AND JURISDICTION
- The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the Competition), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with South African law.
The Courts of South Africa shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).