Terms and conditions

Introduction

Welcome to the www.shopspa.co.za website (including all webpages, subdomains and subparts therein contained, the “Platform”) of Add-On Digital (Pty) Ltd t/a Shopspa (“Shopspa”, “we”, “us” and/or “our”). The Platform has been created (i) to provide information about Shopspa (ii) to provide online services (“Shopspa Services”) for people (“Users”) to buy vouchers (“Vouchers”) and from vendors that make use of the Shopspa Services (“Partners”).

Please read our terms and conditions carefully as the use of our Platform is subject to the terms and conditions published on our Platform at the time of your use. We may change our terms from time to time and such changes will take effect as and when published on this Platform. If you do not accept our terms of use then please do not make use of our Platform or the Shopspa Services.

Important notice

Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you.

If you are not yet 18 you must obtain your parents’ or legal guardians’ consent and permission to be bound by the terms of our Platform prior to you using any of the Shopspa Services. If you are under 18 and fail to obtain such consent you may not use not use the Platform or the Shopspa Services. Hyperlinks, that are not operational, will not in any way detract from the validity and interpretation of these terms.

General

The terms of the Platform and all relevant terms implied herein by applicable law constitute the entire agreement between you and us in respect of the use of the Platform and the Shopspa Services offered.

Detailed description of goods and services

We are an online voucher selling service. Shopspa allows Partners to create a stand-alone e-commerce Platform where they can upload Vouchers, in a manner that is quick to set up and simple to use. Users of the Platform can then securely purchase electronic instances of these Vouchers to be redeemed at a future time at Partner establishments.

Credit card acquiring and security

Credit card transactions will be acquired for Shopspa via Peach Payments, which is the approved payment gateway for Nedbank South Africa. No sensitive cardholder data passes through Shopspa’s servers at any time for either once-off or subscription payments. When a User opts to store card details on a website using Peach Payments, these details are stored by Peach Payments in a PCI DSS level 1 compliant vault. Sensitive cardholder details are directly transmitted from Users’ browsers to Peach Payment’s systems. Shopspa’s staff and systems do not have access to complete card number details at any point in time on Peach Payments platforms. Please contact support@peachpayments.com for further information.

Acceptance of funds

By registering with Shopspa, you appoint Shopspa as your agent to sell Vouchers on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement.  Shopspa will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

You acknowledge that Shopspa is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

Payment to Partners

Shopspa will endeavour to make payment to all relevant Partners of all payment received in respect of Vouchers sold on relevant Partner Platforms, on the 22nd (twenty second) of the month following the month of the sale of the Voucher for which funds have been received, or within 1 (one) business day after such if the scheduled payment date falls on a weekend or a public holiday.

Payment commissions

Shopspa charges a flat percentage based commission to Partners for the sale of Vouchers on the Platform. The commission is calculated at 15% ex. VAT (fifteen per cent excluding VAT) of the full sale price of the Voucher. The full sale price is the amount paid by the User to purchase the Voucher on the Platform, this amount includes VAT if the Partner is VAT registered.

Shopspa does not charge any set-up fees to Partners for building of their Platform or recurring monthly fees for using the Platform during the first three months of operation. After three months of operation, Shopspa reserves the right to charge a fee of up to a maximum of R500 ex. VAT (five hundred Rand excluding VAT) per month in addition to the percentage based commission if the Partner’s Voucher sales in that month are less than R5,000 (five thousand Rand).

Voucher delivery

Shopspa will deliver the Vouchers via e-mail only and once payment has been received in full. Delivery will be made to the delivery e-mail address stipulated by the User during the payment process. While we endeavour to correctly deliver all Vouchers by email, we cannot take responsibility for emails that are not received due to inbox constraints or spam filtering in the inbox of the delivery e-mail address. If this is the case, it is the responsibility of the User to contact Shopspa to request the Voucher to be resent or to be sent to an alternate email address stipulated by the User.

Voucher validity

Each Shopspa Partner has their own unique Voucher terms and conditions. Please see the relevant terms and conditions relating to the Partner that is selling the Voucher. These can be found on their Platform.

Redeeming of Vouchers

Only a person with a Voucher containing the unique voucher reference number will be permitted to redeem it. Vouchers can only be redeemed once. It is the Partner’s responsibility to keep an accurate record of redeemed Vouchers. Shopspa cannot be held liable where the User redeems a Voucher more than once. Shopspa cannot be held liable where the User accidentally sends a Voucher to a third party who redeems it. Shopspa will provide Partners access to the backend of their Platform in order to manage Voucher redemption. Shopspa cannot be held liable for misuse or distribution of Vouchers through this portal. Vouchers that have been lost, stolen or destroyed, for any reason whatsoever, may be replaced at the Partner’s discretion, Voucher copies can be regenerated through the backend portal of the Platform.

Cancellation of Vouchers and refunds

Users may cancel a Voucher sale provided that the Voucher has not yet been redeemed or the funds from the Voucher sale have not yet been transferred to the Partner. If this is the case, Shopspa will refund the User to the value of the Voucher sale less any bank charges that Shopspa incurs during the refunding process.

Partners reserve the right to cancel or postpone the services relevant to the voucher. In this case, please see the relevant terms and conditions relating to the Partner that is selling the Voucher. These can be found on their Platform.

Customer privacy policy

Shopspa undertakes to take all due care with any information (such as your credit card details) which you may provide to us when accessing the Platform. However we do not warrant and cannot guarantee the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Partners: Shopspa collects personal data from you when you voluntarily provide such information on the Platform, such as when you register for access to the Shopspa Services as a Partner, contact us with inquiries, respond to one of our surveys or use certain Shopspa Services. The personal data we collect includes without limitation your name, email address and other personally identifiable information. In addition, if you use our payment processing services, we will collect financial information from you (e.g. your bank account information) as necessary to facilitate payments. 

Users: Shopspa collects personal data from you when you voluntarily provide such information on the Platform, such as when you purchase Vouchers on the Platform, contact us with enquiries, respond to one of our surveys or use certain of the Shopspa Services. The personal data we collect includes without limitation your name, email address and other personally identifiable information. Where the User has indicated so, we may at times make use of this information for our remarketing purposes.

Account passwords and registration

You agree that the information you provide to Shopspa upon registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g. in the event of a loss, theft or unauthorised disclosure or use of your email address, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Shopspa.

Dispute resolution and chargebacks

Whether you are a User or a Partner, you agree to work actively with the other parties to your transactions to resolve any disputes. In the event that a transaction is suspected of fraud we reserve the right to request any proof deemed necessary to determine the validity of the transaction. This proof includes, but is not limited to proof of identification, proof of credit card and proof of address. We do not act as the agent of either party to any dispute between Users and Partners and are not responsible for resolving such disputes. If any charge-back claim occurs (as the result of a dispute or for any reason whatsoever), you agree to provide the Partner with all the necessary documentation for the resolution of the claim. If you are a Partner, you (a) acknowledge that we do not control the outcome of the charge back decision reached by Users issuing bank in a card transaction; (b) you agree to accept the decision of the issuing bank as final and legally binding; and (c) recognise that you may not receive payment if the issuing bank rules against you in relation to the payment received. To report a potential fraudulent transaction, error or dispute, please contact us.

Disclaimer of warranties and liabilities

The Shopspa Services are provided to you subject to your statutory rights but are otherwise provided without any warranty and not subject to any condition, express or implied, except as specifically stated in these Terms and Conditions. We shall make reasonable efforts to ensure that requests for electronic debits and credits involving cards and bank accounts are processed in a timely manner. 

We will endeavour to make payments to the Partner as soon as possible, but we make no representations or warranties regarding the amount of time needed to complete processing because our services are largely dependent upon many factors beyond our control, such as, without being limited to, delays in the banking system or in card networks. 

Whilst we will do our best to maintain the operation of our services, we do not guarantee continuous, uninterrupted or secure access to the service and operation of the Platform may be affected by numerous factors beyond our control. We shall not be liable for any delay or failure in the provision of our services or the working of the Platform where such failure is due to factors beyond our reasonable control, save that we will use reasonable endeavours to fulfil our obligations hereunder. 

Although we at all times attempt to ensure that the details of Vouchers offered on the Platform are displayed and described accurately, we do not warrant same and disclaim to the maximum extent permitted by law any liability arising from any omissions or inaccuracies pertaining to such display and description. 

We will not be held liable for any indirect, special or consequential losses of any kind whatsoever arising in connection with any Voucher sale (whether in contract, statute or delict) save to the extent that such liability is excluded by law. 

You acknowledge that your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Platform as soon as we reasonably can.

Indemnity by Partner

The Partner hereby indemnifies Shopspa and holds it harmless for any claims instituted against Shopspa by any User in terms of where the loss suffered by such User was suffered as a result of negligence on the part of the Partner and where there was no negligence on the part of Shopspa or alternatively where the loss arose partly due to negligence on the part of Shopspa and partly due to negligence on the part of the Partner, in which event the Partner will indemnify Shopspa pro rata for such claim instituted by such claimant having regard to the principles of the Law of Delict in South Africa. 

The Partner indemnifies Shopspa against any loss or consequential loss suffered or incurred by Shopspa arising out of or in connection with a charge-back or refund claim made against Shopspa or the Shopspa account, for any reason whatsoever, and where the payment for Vouchers sold has already been made to the relevant Partner by Shopspa. The Partner herewith undertakes that it will reimburse Shopspa for any financial loss suffered as a result of payment made to the Partner for Vouchers sold. Shopspa will be entitled to set-off the amount of any such liability from any payment due to the relevant Partner in future.

Restricted activities

The following uses are prohibited by the Shopspa Terms of service. Any account found to be created for the following uses will be closed:

  • Using the Shopspa service while impersonating any person or entity, falsely claiming an affiliation with any person or entity.
  • Using the Shopspa service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature.
  • Using the Shopspa Services for any illegal purpose, or in violation of any local, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data protection and privacy.
  • Using the Shopspa Services to defame, harass, abuse, threaten or defraud others, or collect, or attempt to collect, personal information about Users, Registered Recipients, or third parties without their consent.
  • Using the Shopspa Services to collect alimony payments, child support payments or any other payments relating to a court settlement.
  • Using the Shopspa Services in order to act as a private banking institution.
  • Using the Shopspa Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Shopspa Service in an automated manner.
  • Using Shopspa in any way that assists you in violating any law, statute or ordinance.
  • Using Shopspa to send or receive what Shopspa reasonably believes to be potentially fraudulent funds.
  • Using an Account or the Shopspa Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Shopspa, a User, a third party or you.
  • Using an Account or the Shopspa Services in a manner that Shopspa or any payment card network reasonably believe to be an abuse of the payment card system or a violation of payment card network rules.
  • Using Shopspa to provide yourself with a cash advance from your credit card (or help others to do so).
  • Using Shopspa as a means of transfer between bank accounts held in the same name.
  • Using the Shopspa Services to collect or contribute money for something that may be deemed harmful, false, misleading, unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or racially or ethnically offensive.
  • Using Shopspa to control an Account that is linked to another Account that has engaged in any of the foregoing activities. Shopspa may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
  • Using Shopspa to collect payments that support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs.
  • Using Shopspa to sell:
    • items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    • items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;
    • items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • items that promote, support or glorify acts of violence or harm towards self or others;
    • drugs, alcohol or drug paraphernalia;
    • items that are obscene or pornographic;
    • real estate or motor vehicles;
    • live animals.

You agree that Shopspa may seize or freeze funds that are reasonably deemed by Shopspa to have resulted from fraud or any prohibited behaviour outlined in this section.

Domicilium and notices

The Platform is governed by the laws of the Republic of South Africa and Shopspa chooses as its dwelling (“domicilium”), for all purposes, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 9 Le Parc, 2 Park Ave, Tokai, 7945.

Company information

This website is run by Add-On Digital (Pty) Ltd based in South Africa trading as Shopspa.

Add-On Digital (Pty) Ltd. Trading as Shopspa is a company incorporated under the laws of South Africa with registered number 2013/132107/07/07. VAT number: 4600277539.

We operate from 9 Le Parc, 2 Park Ave, Tokai, 7945 and our contact details are as follows: