Terms and Conditions
WEBSITE TERMS AND CONDITIONS
NOTICE TO SUBSCRIBERS AND USERS: THIS IS AN IMPORTANT DOCUMENT WHICH EXPLAINS THE TERMS AND CONDITIONS OF THE PROGRAMME – PLEASE READ IT CAREFULLY AND PAY CLOSE ATTENTION TO CLAUSES IN BOLD TEXT.
These terms and conditions (the “Terms”) govern your use of our website at www.twomountains.co.za, our application, the loyalty programme and our services (collectively, the “ Interface”). By using or accessing the Interface, you agree to be bound to these Terms. If you disagree with any part of these Terms, you must immediately stop using the Interface or any part thereof.
You warrant and represent that you are, at least, 18 (eighteen) years of age or, if your local jurisdiction’s statutes dictate a higher minimum age, then you warrant that you meet the mandated legal local minimum age, or that you are assisted by your legal guardian who will be transacting on your behalf and that you are mentally fit to transact on the Interface.
If this is not the case, you must notify us immediately if you require any assistance to understand or interpret these Terms.
PLEASE READ OUR PRIVACY STATEMENT AND THE FOLLOWING TERMS BEFORE USING THE INTERFACE.
BY CONTINUING TO ACCESS OR USE THE INTERFACE, YOU WARRANT THAT YOU HAVE READ, UNDERSTOOD AND HAVE AGREED TO BE BOUND BY THESE TERMS.
In these Terms the following words and expressions shall have the following meaning: “TM”, “we”, “us” and “our” refers to Two Mountains Funerals Proprietary Limited, a limited liability company registered in the Republic of South Africa, with registration number 2019/573767/07, including all of our subsidiaries; “you”, “your” or “subscriber/ user” refers to the person accessing or using the Interface.
- Who we are:
- TM is the owner and operator of the Interface, the loyalty programme and the benefits provided as part of the loyalty programme (“”).
- Our contact details are as follows:
- About the Loyalty Programme:
- is brought to you by TM and this loyalty programme is available to all customers at a monthly subscription fee, as reflected on the
- All participants must:
- be legal residents in the Republic of South Africa;
- be currently residing in the country at the commencement date of the subscription;
- be at least 18 (eighteen) years of age at the commencement date of the subscription;
- be in possession of a valid South African identity book/ card or passport (if a foreign national); and
- must redeem vouchers within the stated validity period.
- The fee payable for will escalate annually. This increase is expected to be aligned to the consumer price index. In addition to this, we reserve the right to review the benefits from time to time. We will notify you of any increases in the monthly subscription fee or if the benefits are amended in any material way.
- You will not be entitled to receive any benefits where your monthly subscription fee has not been paid in full.
- We may, from time to time, run additional specials which will be valid for a limited period only. Specific terms and conditions for such specials will be available on the Interface and shall substitute these Terms as reasonably required for that particular special.
- Your benefits will be activated following confirmation of successful payment of your monthly subscription fee.
- Your subscription will automatically renew, on a month-to-month basis, and shall continue to renew until you terminate your subscription by giving us 20 (twenty) days’ notice in writing.
- You will remain liable for the monthly subscription fee until the date on which the notice in terms of clause 3.7 expires, on a pro rata-basis, and any positive balance shall be refunded to you.
- Your Subscription will be activated and your benefits available within 2 business days of successful collection of your first subscription fee.
- Your first debit order collection date may be set for 5 business days after date of application. Alternatively, you may choose a preferred date not less than 5 business days from date of application.
- Access to the benefits may be suspended pending any Unpaid or Rejected Subscription Fees.
4 Delivery of Benefits and Coupons:
Delivery of the benefits and vouchers will occur through the application. Redemption of rewards may be processed through the designated telephone numbers, through the application or any other means as indicated by TM from time to time.
- Third Party Links:
5.1 Links to third party websites are provided for your convenience only and may be discontinued at any point in time.
5.2 The fact that TM provides a link to certain third party websites does not mean that we always
endorse, authorise, are affiliated with or sponsor that particular website.
6 Queries and Complaints:
For any queries, or should you wish to lodge a complaint, please contact us through the contact details as reflected in clause 2.2.
- User Undertakings:
- You understand and agree not to:
- post, transmit, redistribute, upload or promote any communications or content that could harm or negatively impact the Interface or any other user;
- act in a manner, or employ any device, that restricts, impairs, interferes or inhibits any other user from using or enjoying the Interface or which impacts the security of the Interface;
- employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including, without limitation, spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Interface, or to copy content from the Interface, or engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Interface; or
- use the Interface contrary to applicable laws and regulations, or in any manner that causes, or may cause, harm to the Interface, or to any user or infringe the Intellectual Property rights of TM, any third party, customer or user.
- We reserve the right to immediately bar access to the Interface and close, or suspend, the account of any subscriber or user who violates these undertakings or any other provision of these Terms.
- The user understands that the user’s information (not including credit card information) may be transferred, unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. TM confirms that credit card information is always encrypted during transfer over networks.
- The user agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Interface without the prior written consent of DR.
- The user shall be responsible for all actions taken on the user’s account. You should not share or disclose your login credentials with, or to, any other person.
- TM’s Rights:
TM reserves the right to suspend or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the Interface.
9 Accuracy, Completeness and Timeliness of Information
- We are not responsible if information made available on the Interface is not accurate, complete or current.
9.2 We reserve the right to modify the contents of the Interface at any time, however, we shall not have an obligation to update any information on the Interface. You agree that it is your sole responsibility to monitor changes and updates to the Interface.
- Changes to Terms:
10.1 We reserve the right, at any time, to amend, alter, modify or change, as we deem fit, any part of these Terms without any prior notice.
10.2 We will post modified versions of the Terms on our website and we encourage you to review these Terms every time you use the Interface.
10.3 Your use of the Interface constitutes your agreement to the most recent version of the Terms.
11. Modifications to the Interface:
11.1 We reserve the right to modify or discontinue the Interface (or any portion of the Interface) temporarily or permanently, with, or without, notice to you.
11.2 We shall not be liable to you, or any third party, if we exercise our right to modify or discontinue the Interface (or any portion of the Interface). Unless explicitly stated otherwise, any new features that augment or enhance the current TWO MOUNTAINS REWARDS Interface shall be subject to these Terms.
12.1 To utilise the Interface you need to register your details with us. You must ensure that your registration credentials are accurate, truthful and updated when they are amended.
12.2 We reserve the right to block the creation of your account based on our inability to confirm the authenticity of your registration credentials.
12.3 For security reasons, we reserve the right to request additional information from subscribers and users, including original documents, and to verify documents with issuing institutions.
13. Ownership of Rights:
13.1 For purposes of these Terms, “Intellectual Property” means any rights to know-how (not in the public domain), invention (whether or not patented), design, trade mark, copyright material, traditional knowledge or plant breeder’s rights, whether registered or not, anywhere in the world.
13.2 All Intellectual Property that is owned by TM or its third party licensors shall exclusively belong to TM and its third party licensors and nothing in these Terms shall give the subscribers or users any rights in any Intellectual Property which is utilised by, or proprietary to, TM.
13.3 Without limiting the aforementioned, the subscribers and users take notice of the fact that “TWO MOUNTAINS REWARDS is a trade mark of TM and that the subscribers or users shall not be entitled to utilise said trade mark without the prior written consent of TM.
13.4 We make no representations or warranties in relation to any third party software or products that form part of the Interface.
14.1 All notices must be served in writing to our contact details as reflected in clause 2.2.
14.2 All notices to the subscriber or user shall be served to the contact emails forming part of the profile information of the subscriber or user.
15. Exclusion of Liability:
15.1 You understand and agree that, we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages or losses, including, but not limited to, any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute services or other intangible losses, in relation to, or resulting from, your use of the Interface.
15.2 We do not guarantee, represent or warrant that your use of the Interface will be uninterrupted or error-free.
15.3 TM accepts no responsibility or liability for the quality of service and/or meals that you have received from any of our dining partners. Furthermore, TM will not become involved in any non–related disputes between subscribers and third parties (including restaurants and fast food outlets).
15.4 Any costs incurred by TM arising from your breach of any of the provisions of these Terms shall be borne by you on an attorney-and-own-client scale.
16.1 Where figures are referred to in numerals and in words, if there is any conflict between the two, the parties agree that the words shall prevail.
16.2 Clause headings in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify, nor amplify its terms, nor any of its clauses.
16.3 When a number of days are prescribed in these Terms, same shall be calculated exclusively of the first and inclusively of the last day, unless the last day falls on a day which is not a Business Day, in which case the last day shall be the next succeeding Business Day.
16.4 Any term defined within the context of any particular clause in these Terms shall, unless otherwise determined by the context, bear the meaning ascribed to it for all purposes in relation to these Terms.
16.5 Expiration or termination of these Terms shall not affect such of its provisions as expressly provide that they shall continue to operate thereafter or which, of necessity, must continue to have effect thereafter, notwithstanding that the clauses themselves do not expressly provide for such continuation.
16.6 In these Terms, the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply.
16.7 The subscriber or user shall not cede, delegate, subcontract or assign, nor in any other manner, dispose of any of its rights or obligations arising from these Terms, without the prior written approval of TM.
16.8 These Terms, read with the Privacy Statement, contains the entire agreement between the parties, with respect to the subject matter of these Terms, and supersedes all prior agreements between the parties, whether written or verbal, with respect to the subject matter of these Terms.
16.9 A failure to enforce or to require the performance, at any time, of any of the provisions of these Terms shall not be construed to be a waiver of such provision and shall not affect either the validity of these Terms, or any part hereof, or the right of any party to enforce the provisions of these Terms.
16.10 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provision shall be deleted without affecting the remaining provisions of these Terms.