Definitions
“This Company” means Think Cashless (Pty) Ltd.
“Us” means Think Cashless (Pty) Ltd.
“We” means Think Cashless (Pty) Ltd.
“Client” means you.
“School” means the school which your child attends.
“Tuck-shop owner” means the owner of the Tuck-shop at your child’s school.
Detailed description of goods and/or services
Think Cashless is a business in the information technology industry that provides software-based services to schools, parents, and students. As a registered parent, you are able to allocate funds to your child’s lunchcard in order for them to make purchases at the school tuckshop.
Delivery policy
Subject to availability and receipt of payment, requests for replacement cards will be processed within 2 days and delivery confirmed by way of email notification once delivered to the school.
Privacy Statement
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Confidentiality
Client records are regarded as confidential and therefore will not be divulged to any third party, other than Think Cashless (Pty) Ltd if legally required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Cancellation Policy
Cancellation of the subscription service can be made by means of notification by E-mail to info (at) thinkcashless.com. Cancellation requests can be made at any time during the month but will only be processed on the 1st (first) day of the month after the monthly subscription fee has been deducted.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway.
Clients will be entitled to a full refund on replacement card orders within 30 days should they not recieve their ordered card.
Customer Privacy policy
Think Cashless shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. Customer details separate from card details Customer details will be stored by Think Cashless (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za. Merchant Outlet country and transaction currency The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Country of domicile
This website is governed by the laws of South Africa and Think Cashless (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 5 Concourse Crescent, Lone Hill.
Responsibility
Think Cashless (Pty) Ltd takes responsibility for all aspects relating to the transaction when ordering a replacement card on this website, customer service and support, dispute resolution and delivery of goods.
Variation
Think Cashless (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Think Cashless’ contact details
Company Physical Address: 5 Concourse Crescent, Lone Hill Email: info (at) thinkcashless.com Telephone: +27 11 234 4447
Availability
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to our best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. For systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exists on all text and media relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in South Africa and other countries.
Card acquiring and security
Card transactions will be acquired for Lunchcard (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party 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 man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties. Neither Lunchcard (Pty) Ltd nor the participating school / college shall be liable for any damage to or loss of property nor any injury, sickness or death resulting in the use of the Lunchcard system.
Payment options accepted
Payment for replacement cards or service fees may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the (Your Company) bank account, the details of which will be provided on request.
General
By accessing this website and / or using our services / buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the South African courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Only service fees and card replacement fees are paid to us, any other amount paid for use with the Lunchcard service are paid directly to the tuck-shop owner or school and are not held by us. The banking details displayed on the “Deposit funds” page or provided on request to customers are those of the tuck-shop owner or school and are not ours. The user will have the ability to deposit funds into their lunchcard account for use with purchases of school items, services and consumables. No amount deposited into the user’s lunchcard account will be refunded as any amount deposited into the bank account provided will be deemed as being for the purchase of goods and/or services in advance. No balance amount reflected anywhere on the lunchcard website/system should be viewed as a balance of legal tender or credit belonging to the user. Balance amounts reflected are solely for the purpose of indicating the remaining value of goods or services to be collected by the user or the representative of the user. The Lunchcard system is a management tool for goods / services already paid for by the customer and as such, no refunds will be provided for any balance amount reflected on the lunchcard website/system. By using this service you also confirm that you are the guardian or parent of any child linked to your Lunchcard account and that you consent to their basic particulars and photograph being used by us for the sole purpose of use with the Lunchcard service. No personal information of any child, parent, or guardian obtained for use with the Lunchcard service will be disclosed to external companies without their or parent / guardian’s consent. Deposits into the user’s lunchcard account can be made by means of EFT (Electronic Funds Transfer). Any acceptance on this website by the user which authorises deductions from the user’s bank account constitutes their written consent for deduction of these monies. This acceptance for deductions on this website may be used in a court of law as proof of the user’s acceptance of these deductions from the user’s bank account.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. You are therefore advised to re-read this statement on a regular basis These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.