ShweetSpot’s products and services are owned and operated by
We provide a platform (including Products) where we, our affiliates and other business owners or advertising or marketing agents or agencies or promoters (collectively, “Promoters”) can list sales, sale items, promotions, offers for coupons, vouchers, promotions, deals, discounts, goods, getaways and other products (collectively, “Items”).
As a platform provider, we help facilitate the awareness for Items on our platform. We provide tools for Promoters to represent their Items. We may also be a Promoter. This means that in addition to this Agreement, you may have other contractual relationships with different legal entities when you interact with the Products and Promoters Items.
Whichever Items you view, use, are referred from or purchase via our Products will be subject to the terms and conditions of that Promoter. This means that your contract of sale may be with another company or entity. The Promoter is responsible for the Items information, purchase links, sale and for dealing with any claims or any other issue arising out of or in connection with the contract between you and the Promoter. Please also note that in respect of purchases of a voucher or claiming of a coupon, in addition to the contract of sale you will have with the Promoter of the coupon or voucher, there will also be a contract between you and the business that actually provides the Items when you redeem your coupon or voucher with that business (the “Merchant”). In respect of any coupon or vouchers, neither we nor any Promoter assumes responsibility for any contracts regarding the redemption of your coupon or voucher with a Merchant.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Occasionally there may be information in the Products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Products or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Products or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products or on any related website, should be taken to indicate that all information in the Products or on any related website has been modified or updated.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
You may use our Products only if you can form a binding contract with ShweetSpot, and only in compliance with these Terms and all applicable laws. When you create your ShweetSpot account (“Account”), you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Use Policy), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Products.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SHWEETSPOT.
If you want to use our Products for commercial purposes you must create a business account and agree to our Business Terms of Service.
We reserve the right to prevent you from using the Products (or any part of them).
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Products or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Products or any related website for violating any of the prohibited uses.
ShweetSpot allows you to post content, including photos, comments, links, and other materials. Everything that you post or otherwise make available on our Products is referred to as “User Content”. You retain all rights in, and are solely responsible for, the User Content you post to ShweetSpot.
In contributing any User Content, you represent and warrant that you are the creator of the User Content, or if you are acting on behalf of the creator, that you have express, advance authority from the creator to submit or post the User Content, and that you have all rights necessary to grant the licenses and grants set out in this Agreement in respect of that User Content. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have been assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy.
You will not upload, post or otherwise make available on the Products any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ShweetSpot does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
You grant ShweetSpot and its users a non-exclusive, royalty-free, perpetual, transferable, irrevocable, sublicensable, fully paid-up, worldwide right and license to use, store, display, reproduce, like, modify, create derivative works, publish, translate, transmit, perform, and distribute your User Content on ShweetSpot solely for the purposes of operating, developing, providing, and using the ShweetSpot Products. Nothing in these Terms shall restrict other legal rights ShweetSpot may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
You understand and agree that User Content is public. Any person (whether or not a user of ShweetSpot’s Products) may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. ShweetSpot is not responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content.
ShweetSpot has the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove and monitor the User Content. ShweetSpot further has the sole and absolute right, but not the obligation, to disclose the User Content and the circumstances surrounding their transmission to any third-party, at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by ShweetSpot, as well as to satisfy any applicable law, regulation or authorised government request. Without limiting the foregoing, ShweetSpot has the right to remove any material from the Products in its sole and absolute discretion. ShweetSpot assumes no liability for any User Content or other information that appears or is removed from the Products or elsewhere. ShweetSpot has no obligation to use your User Content and may not use it at all.
Following termination or deactivation of your account, or if you remove any User Content from ShweetSpot, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, ShweetSpot and its users may retain and continue to use, store, display, reproduce, like, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through ShweetSpot.
In some circumstances and from time to time, it may be possible to modify or remove the User Content you submit or post through your Account. ShweetSpot makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Products or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
We value hearing from our users, and are always interested in learning about ways we can make ShweetSpot more awesome. If you choose to submit comments, suggestions, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, ShweetSpot does not waive any rights to use similar or related Feedback previously known to ShweetSpot, or developed by its employees, or obtained from sources other than you.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Products or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We offer products that websites and developers can use to offer ShweetSpot features and functionality to their users (e.g., the embeddable widgets for their user profiles, etc.) (“Site Features”). You agree to use Site Features only as documented by ShweetSpot, and in compliance with our policies. You may not place Site Features on a site or service with content that would violate these Terms if displayed on our Products. You also agree that the ShweetSpot features and functionality provided by our Site Features will be provided solely by our Site Features, except as otherwise authorized by ShweetSpot.
We care about the security of our users. While we work to protect the security of your content and account, ShweetSpot cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
A breach or violation of any of the Terms will result in an immediate termination of your usage of our Products.
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ShweetSpot.
We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.
We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
If you access any third party website, service, or content from ShweetSpot, you do so at your own risk and you agree that ShweetSpot will have no liability arising from your use of or access to any third-party website, service, or content.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7.1. ShweetSpot grants you a limited, personal, non-transferable, non-exclusive, revocable license to access and use the Products pursuant to this Agreement and to any additional terms and policies set forth by ShweetSpot. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) in the Products, (subject to section 7.4 below) materials, information and content on the Products or accessed as part of the Services, any database operated by us, all the Products design, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.
7.2. None of the material listed in section 7.1 above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of ShweetSpot or the copyright owner, except as otherwise expressly stated under copyright law. You may, however, retrieve and display the content of the Site on a computer screen, store such content in electronic form (but not on any server or other storage device connected to a network). You may not otherwise reproduce, modify, copy, distribute, display, perform or use for commercial purposes any of the materials, information or content on the Products without our permission. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted by law, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. In addition, you may not make any use that exceeds or violates this Agreement.
7.3. “ShweetSpot”, the ShweetSpot logos and variations thereof found on the Products are trademarks owned by ShweetSpot and all use of these marks inures to the benefit of ShweetSpot. Other marks on the site not owned by ShweetSpot may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of ShweetSpot unless otherwise stated, or may be the property of their respective owners. You may not use ShweetSpot's names, logos, trademarks or brands without ShweetSpot's express permission.
7.4. Title, ownership rights and intellectual property rights in and to the content accessed using the Products is the property of the applicable content owner or Merchant and may be protected by applicable copyright, trademark or other law. This Agreement gives you no rights to such content except for the licenses granted herein.
7.5. Except in respect of User Content, the authors of the literary and artistic works in the pages in the Products have asserted their moral rights to be identified as the author of those works.
7.6. Any material you transmit or post or submit to the Products (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to section 2, our obligations under data protection legislation and subject to any payment details you provide for the purpose of making a payment. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e., via email, the Products or otherwise) you grant us a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, transferrable, non-exclusive right to use, copy, modify, adapt, translate, publish, distribute, display and perform world-wide any such material, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you, for the purpose of operating the Products and providing the Services.
ShweetSpot may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 7-13 of these Terms.
9.1. The price currency conversion feature provides a price estimate. When using the ShweetSpot price currency conversion feature, you bear the risk, if any, that the exchange rate at the time of sale of the Items on the ShweetSpot Site, or at the time when any refund, reimbursement, fee or cost is incurred, differs from the Estimated Exchange Rate and/or the Applicable Exchange Rate. You agree to indemnify and hold harmless Promoters, their operators and their officers, directors, employees and agents; their subsidiaries, affiliates, co-brand partners, and other parties with which Promoters are under contract, and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, any legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of the price currency conversion feature (b) your access to or use of our Products, (c) your User Content, or (d) your breach of any of these Terms, or (e) your violation of any law or the rights of a third-party.
9.2. You agree to indemnify and hold harmless ShweetSpot, its operators and its officers, directors, employees and agents; its subsidiaries, affiliates, co-brand partners, and other parties with which ShweetSpot is under contract, and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, any legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms, or (d) your violation of any law or the rights of a third-party.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by ShweetSpot. Other users may post User Content that is inaccurate, misleading or deceptive. ShweetSpot does not endorse and is not responsible for any User Content, and will not be liable to you or any other person for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of ShweetSpot. ShweetSpot does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site or Services, including any objectionable User Content.
We do not guarantee, represent or warrant that your use of our Products will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Products will be accurate or reliable.
You agree that from time to time we may remove the Products for indefinite periods of time or cancel the Products at any time, without notice to you.
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
SHWEETSPOT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
ShweetSpot takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
In no event will ShweetSpot be liable for any injury, loss, claims, damages, including without limitation any direct, indirect, consequential, special, incidental, or punitive damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of, based on, or resulting from this agreement or your use of the Products, even if ShweetSpot has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the Products, you do not agree with any part of this agreement, or have any other dispute or claim with or against lmb with respect this agreement or the Products, then your sole and exclusive remedy is to discontinue using the Products.
You hereby agree to release, remise and forever discharge ShweetSpot, its operators, and its affiliates, partners, service providers, vendors, interns, suppliers, licensors and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the Products.
These Terms and any separate agreements whereby we provide you Products shall be governed by and construed in accordance with South African law and both parties hereby submit to the exclusive jurisdiction of the competent courts of South Africa.
You may approach any other relevant authority or dispute resolution body or refer the matter to Arbitration as set out below, for resolution of the dispute.
You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Johannesburg, and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
The arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.
The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
You must send any notice or legal process relating to the Terms to the following address: 71 Eckstein Street, Observatory, Johannesburg, Gauteng, South Africa, 2198.
You can review the most current version of the Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Products following the posting of any changes to these Terms constitutes acceptance of those changes.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ShweetSpot without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ShweetSpot’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
ShweetSpot shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ShweetSpot, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ShweetSpot’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Questions about the Terms should be sent to us at [email protected].
Date of Last Revision: 13 Aug, 2018