TERMS & CONDITIONS

1. Detailed Description of Goods and/or Services

Buygaloo is a business in the advertising industry that is online.

2. Delivery Policy

Subject to availability and receipt of payment, requests will be processed within 1 days and delivery confirmed by way email (for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)

3.Export Restriction

The offering on this website is available to South African clients only.

4. Return and Refunds Policy

The provision of goods and services by Buygaloo Pty Limited is subject to availability. In cases of unavailability, Buygaloo Pty Limited will refund the client in full within 30 days. Cancellation of orders by the client will attract a 5% administration fee.

5. Customer Privacy Policy

Buygaloo Pty Limited 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 .

6. Payment Options Accepted

Payment may be made via Visa, MasterCard into the Buygaloo Pty Limited bank account, the details of which will be provided on request.

7. Card Acquiring and Security

Card transactions will be acquired for Buygaloo Pty Limited 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.

8.Customer details separate from card details

Customer details will be stored by Buygaloo Pty Limited, 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.

9. 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).

10. Responsibility

Buygaloo Pty Limited takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

11. Country of Domicile

This website is governed by the laws of South Africa and Buygaloo 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, as set out in clause 14 here under.

12. Variation

Buygaloo Pty Limited, may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Company Information

This website is run by Buygaloo (Pty) Limited a private company based in South Africa trading as Buygaloo and with registration number 2019/069324/07

14. Buygaloo Pty Limited contact details

Company Physical Address: 18 Middle Road Morningside South Africa

Email: admin@buygaloo.com

Preface

Buygaloo Pty Ltd (Registration No. 2019/069324/07) is a South African based company which operates the Buygaloo platforms, namely the Buygaloo app platform available on IOS and Android as well as the Sale Owner website operated through Buygaloo.comand the associated domains.

Buygaloo shows Sale Seekers the best deals happening at stores around their current location. In order to do this Buygaloo uses a Sale Seekers location to search Buygaloo’s internal data base and display Sales that are closest to the Sale Seeker. Buygaloo does not expose personal information to anyone or anything. The Buygaloo software simply uses the location to find sales that are within a certain radius to that Sale Seeker (the default radius is 15km).

Buygaloo holds user privacy with highest level of respect and care. Buygaloo will not share any personal information from a Buygaloo Account, the information will only be used by Buygaloo’s internal software and associated plugins to allow the app to perform its function. For further information on user privacy please refer to our Buygaloo Privacy Policy Agreement which can be found at buygaloo.com/policy/app .

Who We Are and What We Do

Buygaloo operates an online platform which facilitates access for Sale Seekers to deals and discounts being held by participating Sale Owners on the Buygaloo Platform. Buygaloo Offers Sale Owners (Brick and Mortar Retailers) the ability to communicate Bargain Deals, Specials, Discounted Items and things of this nature to a captivated audience of Sale Seekers. The Buygaloo uses hyperlocal protocols, as well as user determined Account Preferences to display Sale Owner content to relevant Sale Seekers based on the location of the Sale and the Sale Seeker and the users personal Account Preference.

The platform will evolve over time to facilitate more sophisticated interaction tools which will include but are not limited to: Offering Payment Protocols, Exclusive Content, Account Preference Analytics provided through Sale Owner Insights etc.

Definitions and Interpretations

In this Agreement, unless inconsistent with or otherwise indicated by the context:

Account means the application on a device, registered to a Sale Seeker & Sale Owner which acts as an encrypted Account administered through the Buygaloo Platform;

“Agreement” means the agreement set out in this document and any valid amendments thereto;

“Buygaloo Platform Content” means, amongst other material: text, graphics, images,audio, video, information and other materials published or made available through the Buygaloo Platform;

“Buygaloo Applications” mean applications for computers, mobiles phones, tablets and other such devices through which Buygaloo facilitates and interaction between Sale Seekers & Sale Owners .

“Buygaloo” means Buygaloo Proprietary Limited (Registration No. 2019/069324/07), a company incorporated in South Africa to whom the Buygaloo Platform is duly licensed;

“Buygaloo Platform” includes the Buygaloo Applications, Buygaloo Website/s and othersecure, proprietary information technology hardware and software (licensed to or owned by Buygaloo) and personnel through which Buygaloo facilitates services and supplies;

“Buygaloo Websites” means www.buygaloo.com, buygalooapp.buygaloo.com and any other internet sites through which Buygaloo makes its services available;

“Intellectual Property” means intellectual property owned by Buygaloo, of every sort,whether or not registered or register-able in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents,trademarks, unregistered marks, designs and logos, copyrights, software, domain names,discoveries, creations and inventions, together with all rights which are derived from those rights;

(displaying other brand logos, using copyright images in sales)

“Sale Seekers & Sale Owners” mean persons who have subscribed to Buygaloo and been allocated an Account;In this Agreement clause headings are for convenience and shall not be used in its interpretation, unless the context clearly indicates a contrary intention.

An expression which denotes:
Any gender includes the other genders
The singular, includes the plural and vice versa;
A natural person, includes a juristic person and vice versa;

This Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa.

Terms and Conditions

Introduction

These terms and conditions are the contract between Buygaloo Proprietary Limited(Registration No. 2019/069324/07), and any person visiting or using amongst others our App, Website “the Platform/Buygaloo Platform” and persons becoming Sale Seekers & Sale Owners.

Please read these terms carefully. Certain terms of use apply to visitors and users of our Platform and certain terms are specific to Sale Seeker & Sale Owner.

If you do not agree with these terms as a visitor or user of the Platforms, you should leave our Website immediately.

If you do not wish to be bound by the terms and conditions of use you must click “do not accept” in which event your Account cannot be activated.

The most up to date and valid version of these Terms and Conditions can be found, and will always be available at buygaloo.com/terms

Visiting the Buygaloo Platforms

By visiting or using our Buygaloo Platform, you agree to be bound by the applicable terms set out herein. Content on the Buygaloo Platforms includes our own content as wel las publications of sales and services or products advertised by our Sale Owners.

Information, ideas and opinions expressed via the Buygaloo Platform should not be regarded as professional advice or the official opinion of Buygaloo and Members are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed via the Buygaloo Platform. Buygaloo does not make any warranties or representation that content and services available via the Buygaloo Platform shall in all cases be true, correct or free from any errors. Buygaloo shall take all reasonable steps to ensure the quality and accuracy of content posted via Buygaloo to users. Buygaloo cannot be held responsible for any errors or mistakes or any damages of whatsoever nature as a result thereof.

Any offensive, false or misleading content originating from anyone other than Buygaloo is the responsibility of such person and Buygaloo shall not be liable in any way for this content.

Buygaloo Account Holders are encouraged to report untrue, inaccurate, defamatory,illegal, infringing, and/or harmful content to Buygaloo and Buygaloo undertakes, insofar as it is able, to correct and/or remove Buygaloo content found to fall within theaforementioned categories.

For purposes of becoming a Sale Seeker & Sale Owner, completing your information int he application and clicking “accept”/ or similar wording on your device you, are agreeing to and will be bound by our terms of use.

Buygaloo allows Sale Owners access through the Buygaloo Websites/ Buygaloo Applications which enables the use of the Buygaloo Platform, provided that such use is for the purposes prescribed by the Sale Owner Declaration only.

Buygaloo Platform Content may not be used or exploited for any purpose, other than those laid out in this document, without the prior written consent of Buygaloo.

Use of the Buygaloo Platform is permitted for lawful purposes only. Unauthorised use of the Buygaloo Platform includes posting or transmission of data which violates or infringes in any way upon Buygaloo’s rights, which is unlawful, defamatory or otherwise objectionable. Unauthorised use of the Buygaloo Platform may lead to Buygaloo instituting legal proceedings against the offender.

All licenses and/or permissions granted by Buygaloo are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Buygaloo at any time and without prior notice or reasons.

Links may be provided to third party websites which are not under Buygaloo’s control and Buygaloo is not responsible for what is contained in these websites. The links are provided for your convenience and we do not endorse the security or integrity of these websites.

Buygaloo takes all reasonable steps to check the authenticity and security of the platforms through which Sale Owners may make payment to Buygaloo. It is a “Sale Owner/s” responsibility when using the third party payment platforms to ensure the accuracy and integrity of the information provided for payment and that payment has been duly processed.

Information Processing

Buygaloo’s Platform, collects and processes your personal information in connection with your use of the Buygaloo Platform and more particularly in connection with your registration, access to and use thereon.

By using the Buygaloo Platform and completing the registration process you are consenting to provide such personal information and for the storage thereof. Our collection and processing of personal information is governed by our Privacy Policy. The Buygaloo Privacy Policy can be found at buygaloo.com/policy

Buygaloo Privacy Policy

Buygaloo’s Privacy Policy for Account Data regulates the storage and use of information provided. The full policy can be found at buygaloo.com/policy

Buygaloo Platform Accounts

A Buygaloo Platform Account is linked to a specific email, mobile phone-number and password or Facebook, Google+ or Apple Touch ID account.

Mobile Data and Internet Service Provider Costs

Buygaloo is not responsible for mobile data charges incurred while using the Buygaloo Platform. Sale Seekers & Sale Owners and other users recognise that there may be a Mobile Data or Internet Service charge by third party service providers, in respect of the use of the Buygaloo Platform through mobile data plans or otherwise. Buygaloo provides the Buygaloo Platform and it is the Sale Seeker & Sale Owner’s responsibility to acquire and maintain, at their cost, the necessary accessories and third party services including specifically, but not limited to, data bearer services to use the Buygaloo Platform.

Children on The Buygaloo Platform

Whatever the age of consent in the country of visitors to Buygaloo Websites, Buygaloo is anxious that they should be protected from unsuitable content. To protect their children, visitors and users of the Buygaloo Websites Users should know our policy, which is as follows:

Buygaloo does not knowingly collect personal information from any person under the age of 16 years.

Any person of any age may freely access any page of a Buygaloo Website. Buygaloo does not check identities nor moderate Buygaloo Accounts.

It is a visitor or parent or guardian who provides access to Buygaloo Websites for children in their care.

It is for the child carer to check that the content is suitable for the children int heir care.Where links are concerned, child carers may like to check the privacy policies of those sites where children in their care might visit frequently to see how they collect and use information.

Users and visitors acknowledge that Buygaloo is not responsible for Buygaloo Content that anyone places through the Buygaloo Websites or for the content displayed on the app or accessed through any links.

Visitors and users now agree to waive any claim they may otherwise have against Buygaloo on account of age-related suitability of Buygaloo content and to indemnify Buygaloo against any claim made by any person on behalf of a child in their care.

Sale Owner Payments

Intellectual Property

Intellectual Property including intellectual property in respect of the Buygaloo Platform is the property of or is licensed to Buygaloo and as such, is protected from infringement by the intellectual property laws of South Africa and by international legislation and treaties.Subject to the rights licensed to Account Holders, Buygaloo and / or its partners and affiliates reserve all other rights to all intellectual property in respect of the Buygaloo Platform.

No person may amend, copy, use, decompile and / or reverse engineer the source code of the software making up the Buygaloo Platform or otherwise use the Intellectual Property except as directly intended by this Agreement or in Buygaloo’s interest.

No person may do anything or cause anything to be done which does or might reduce the value of the Intellectual Property and parties agree to notify Buygaloo of any suspected infringement of the Intellectual Property.

Counter-parties to these terms and conditions undertake, so far as concerns works provide or made available by Buygaloo, they will not:
Use it in any way not anticipated by this Agreement;
Give access to it to any other person than the Buygaloo Platform Account Holder.

DISCLAIMERS AND LIMITATION OF LIABILITY

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

All implied conditions, warranties and terms are excluded from this Agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

Buygaloo makes no representation or warranties that the Buygaloo Platform will be:

Useful to all visitors;
Of satisfactory quality;
Fit for a particular purpose;
Available without interruption or error.

Buygaloo disclaims any obligation or liability to non-Sale Seekers & Sale Owners arising directly or indirectly from their use of the Buygaloo Websites.

Buygaloo will take all reasonable steps to ensure that only reputable and authorised persons advertise and engage via the Buygaloo Application and that the Buygaloo Platform correctly records and facilitates transactions between Sale Owner/s and Buygaloo. Buygaloo is not liable for the performance of any such goods or services. Buygaloo responsibility is limited to the integrity of the Buygaloo Platform. Buygaloo accepts no responsibility for third party advertisements posted on the Buygaloo Websites.

Complex software is never completely free from defects, errors and bugs; and subject to the other provisions of this Agreement, Buygaloo gives no warranty or representation that the Buygaloo will be altogether free from defects, errors and bugs.

No failure by a Party to enforce any provision of this Agreement shall constitute a waiver of such provision or affect in any way a Party’s right to require performance of any such provision at any time in the future, nor shall the waiver of any subsequent breach nullify the effectiveness of the provision itself.

The platform and scope of business is constantly evolving. Buygaloo may at any time amend these terms and conditions and will give Account Holders reasonable notice of such amendments.

No alterations or variation to this Agreement shall be of any force or effect unless it is verified in writing by Buygaloo.