360deals.co.zm Proudly Zambian

Terms and Conditions

Update: 05-06-2018

1. Introduction

1.1. Website Terms and Conditions of Use Relating to  http://www.360deals.co.zm

1.2. Three Sixty Deals Services and Products (Pty) Ltd.

1.3. These Terms and Conditions ("the Terms and Conditions") govern your ("the User/Subscriber") use of the Three Sixty Deals Services and Products (Pty) Ltd ( the"Provider") website located at the domain name www.360deals.co.zm ("the Website").

1.4. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.

1.5. The agreement constituted by the Terms and Conditions set out in this legal notice shall be deemed for all intents and purposes to have been concluded in Zambia notwithstanding the fact that the User may be located in another country at the time of accessing the Website.

2. Electronic Communications

2.1. By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

3. Prices of Deals

3.1. Deal for Products are generally priced at a price communicated to the Provider by the Merchant. The Provider shall not be liable for any errors or mistakes between the prices as communicated and indicated on this Website and the actual price of the Products.

3.2. Deal for Products are generally priced at a value substantially less than the Merchant's standard price for such Products. Both the Deal price, and the Merchant's standard price for the relevant Products, will be displayed on the Website.

3.3. The displayed Deal is inclusive of value-added tax ("VAT") and there are no additional delivery charges or other charges payable for Deal.

3.4. Errors: Although all reasonable efforts are taken to ensure that prices are accurately indicated, we acknowledge that errors can occur and that Merchants' standard pricing may change from time to time. However, should a Deal be erroneously offered at the incorrect price, although you will not be entitled or obliged to purchase such Deal at such incorrect price, you will be refunded any monies already paid by you should you not wish to proceed with the purchase at the correct price.

4. Gift Vouchers

4.1. 360deals Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission.

4.2. 360deals Gift Vouchers cannot be resold to or exchanged with a third party.

4.3. You cannot use a 360deals Gift Voucher to purchase another 360deals Gift Voucher.

4.4. 360deals Gift Vouchers can only be redeemed online through www. 360deals.com.

5. Collecting & Redeeming items/services

5.1. Subject to stock availability with suppliers and receipt of payment, requests will be processed within 14 working days and handed over to the Merchant in anticipation of the purchaser collecting/redeeming the item. Unless otherwise specified, collecting/redeeming should be carried out within the specified timeline (on a deal to deal bases) otherwise the deal falls through.

5.4. Consequently, before purchasing a Deal, please take note of when and where such Deal is redeemable to ensure that you are personally available at such time and place to redeem it unless you are purchasing such Deal as a gift for someone else

5.5. For very remote areas we encourage the subscriber to make direct arrangements with the Merchant to extend the collecting/redeeming deadline.

5.6. Each Deal can only be redeemed as follows:

5. 4. 1. By the Purchaser thereof personally (meaning you cannot transfer or assign a Deal you have purchased to anyone else and no one else will be able to redeem it) save where the Purchaser has purchased a Gift Deal in accordance with clause 7.3, in which case the Gift Deal will only be redeemable by the recipient identified by the Purchaser;
5. 4. 2. While it is still valid, it's expiry date not being able to be extended, it being recorded for clarity that Deal constitute promotional Deals and not pre-paid vouchers;
5. 4. 3. At the specific Merchant, and towards the specific Product/s, relevant to the Deal (meaning that Deal can't be exchanged for cash or anything else);
5. 4. 4. At such place/s, time/s and manner as may be indicated in/on such Deal and/or the relevant Deal Conditions;
5. 4. 5. In its entirety only, and not incrementally.

5.7. Please note that in purchasing Deals from a Merchant, you are contracting with the relevant Merchant and not 360deals, and the Product/s you redeem such Deal for are the Merchant's Product/s, not 360deals.

5.8. 360deals role in this regard is limited to providing to you and Merchants the platform through which Merchants can market and sell their Deals to you and receive payment therefor from you.

5.9. This means that a Merchant is solely responsible for the fulfillment of any Deal purchased from it and 360deals shall not be liable in any way therefor. Your rights and obligations under any Deals purchase from a Merchant will be as specified in the Deal Conditions as read with these T&C.

5.10. Before finalizing your order for a Deal, you will be given an opportunity to review a PDF record of your entire transaction, correct any errors you may have made and withdraw from a transaction if you wish.

5.11. Once you confirm the Deal in accordance with clause 5.8 above, any seubsequent cancellation of the Deal shall be subject to the refund policy set out in clause 7 below.

5.12. Furthermore, in redeeming such Deals for the Merchant's Product/s, you will be subject to the Merchant's terms and conditions of supply.

5. 8. 1. It is within the Merchant's discretion, whether it will allow you to combine a Deal with any other Deal, promotion, voucher or certificate relevant to such Merchant.
5. 8. 2. If you have already redeemed your Deal, and you are disappointed with your purchase, please contact us and we will evaluate returns on a case-by-case basis.
5. 8. 3. Should you receive any unsolicicted communications from any Merchant that are unrelated to any Deal purchases made by you from such Merchant, please notify 360deals thereof at marketing@360deals.co.zm so we can take such measures as we deem appropriate. However, although 360deals reserves the right to become involved in any disputes between you and a Merchant in an attempt to resolve same, 360deals is not obliged to do so and any disputes must be resolved between you and the relevant Merchant alone.

6. Transaction Records

6.1. A full record of every Deal purchase made by you via the Website shall be maintained in your User Account on the Website for a period of 12 months following the date of such purchase. You shall thus only be able to view and print such record during such period, thereafter; you shall be responsible for retaining your own record of the relevant purchase.

6.2. In some instances, the website may be subject to technical upgrades that might result in Deal loss. In these instances, we shall endeavor to remedy the situation by making a follow-up call to restore services. In those instance that payment had not been effected by using this Website, you agree not to hold us liable to such losses.

6.3. Cancelled orders on the e-commerce facility will be refunded after deduction of a 15% charge for administration costs. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider's standards. Should the Provider exercise this right, the User will only receive a full refund with no deductions.

6.4. when the Provider exercises this right, the User will not be entitled to recover any damages or other compensation in respect of any consequential losses arising as a result of the Provider’s exercise of the right aforesaid

6.5. Any complaints regarding the standard and quality of the product or products bought by Users through the e-commerce facility should be directed to the Marketing Manager, marketing@360deals.co.zm


7. Returns / Refund Policy

7.1. It is important to note that you have a legal right to cancel, without giving any reason and without incurring any penalty a Deal within seven (7) days of receiving the Product or, in respect of services, within seven (7) days of completing the Order. When you exercise your right to cancellation under this Clause,you will be entitled to a full refund within thirty (30) days of the cancellation, but the cost of returning the Product to the Merchant will be deducted from the refund due to you.

7.2. Clause 7.1 does not apply to Deals entered into relation to goods made to your specification or clearly personalized to your demands or perishable goods; audio or vedio recordings or computer software which are unsealed, newspapers, periodicals, magazines or books, gaming and lottery services; or accommodation, transport, catering or leisure services where the Merchant undertakes to provide the service on a specific date or within a specified period.

7.3. Subject to clause 7.1 and 7.2 above, if on receiving your order you are not satisfied’ with your purchase, let our customer service team know within 14 days and we will gladly collect it at our expense and provide you with a refund provided the item is in its original condition and original packaging.

7.4. If you have used a product and found it to be damaged or faulty we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance.

7.5. Although seldom charged, we reserve the right to charge a 10% administration fee for returned Deals should the returns process incur administration expenses.

7.6. We have made the returns and exchange process even easier by creating a little self help online system for you. Simply fill out the form and hit submit. A customer service agent will then get hold of you shortly.

8. Updating of these Terms and Conditions

8.1. The Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.

8.2. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

9. Copyright and Intellectual Property Rights

9.1. The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions, Industrial Designs and Computer Programs ("the Content").

9.2. All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and are protected by Zambian and international Intellectual Property laws.

9.3. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

10. Limited License to General Users

10.1. Provider grants to the User/Subscriber, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

10.2. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant.



10.3. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

10.4. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

11. Limitation of liability

11.1. The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors.

11.2. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damages of any kind whatsoever in respect of losses or injury suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.


12. Privacy: Casual Surfing

12.1. The User may visit the Website without providing any personal information.

12.2. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc.

12.3. The Provider uses this information to determine use of the Website, and to improve content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

12.4. Types of information we collect: You agree that we may electronically collect, store and/or use the following of your information:

12. 4. 1. name and surname, birth date ("Personal Details");

12. 4. 2. e-mail address, physical address, mobile number, and credit card billing address ("Contact Details");

12. 4. 3. the credit card number, cardholder name and expiration date you submit to us in respect of your credit card(s) ("Card Details");

12. 4. 4. internet usage information, including your Internet Protocol address ("IP Address"), browsing habits, click patterns, unique user ID, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Website, and the dates and times that you visit the Website, paths taken, and time spent on sites and pages within the Website and Platform ("Usage Details"); and

12. 4. 5. Additional information you may provide on a voluntary basis, such as demographic information or information related to your favourite social networking site (eg. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services ("Optional Details").

12. 4. 6. How we collect information: The Provider collects the aforesaid information from you in the following manner:

. 4. 6. 1. User-provided Information: You provide certain of the aforesaid information directly to us as follows:

a) Your Personal Details and Contact Details are provided by you during your registration for a User Account and/or thereafter by your having actively updated or supplemented your details.

b) your Card Details will provided by you each time you purchase a Deal on the Website.

c) Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website.

d) "Cookies" Information: When you access the Website, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details.

e) The Provider may use both session cookies (which disappears after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website.

f) Please note that the use of cookies is standard on the internet and many major websites use them. Please review your web browser "Help" file to learn more about modifying your cookie settings. Note: Some of our business partners (e.g. advertisers) use cookies on our Website. We have no access to or control over these cookies. This clause covers the use of cookies by the Provider only and does not cover the use of cookies by any advertisers.Other tracking technology: When you access the Website or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.

12.5. Web Beacons: Our Website may contain electronic image requests (called a "single-pixel gif" or "web beacon" request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on "View" and then on "Source." We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. The Provider’s web beacons do not collect, gather, monitor or share any personally identifiable information about you, they are just the technique we use to compile anonymous information about the Website and Service usage.

12.6. The purposes for which we collects the information: the Provider uses the information that you provide (or that we collect) to operate, maintain, enhance, and provide all of the features and Services, to allow us to track user-generated content and Users to the extent necessary to comply with all applicable laws. The Provider uses all of the information collected to understand the usage trends and preferences of our Users, to improve the way the Website or Services work and look, and to create new features and functionality. More specifically:

12. 6. 1. We use your Card Details only in order to process your purchase of a Deal. It is important to note that we do not store your Card Details at all, which is why you must re-enter such details every time you make a purchase on the Website.

12. 6. 2. We use your Personal Details to greet you when you access your User Account, to manage and administer your use of the Services and fulfill our contractual obligations. More specifically, you acknowledge and agree that your full names and contact number if relevant may be disclosed to Merchants from whom you have purchased Deals in order to enable you to redeem the relevant Products and to facilitate communication between you in relation to your redemption of the Deals.

12. 6. 3. We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Services (eg. notifications regarding major updates or content you have posted or downloaded from the Website, customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers form us and/or our partners and/or affiliates.

12. 6. 4. We use your email address to be able to deliver Deals to you. We may also provide your email address and physical address details to Merchants from whom you have purchased Deals, to the extent necessary in order to enable you to redeem the relevant Products (eg: where Products are to be delivered to you) and/or to facilitate communication between you in relation to your redemption of the Deals.

12.7. With your express consent, we may use your Usage Details to:

12. 7. 1. remember your information so that you will not have to re-enter it during your visit or the next time you access the Website;

12. 7. 2. monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and

12. 7. 3. track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website.

12. 7. 4. We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details.

13. Choice of Law

13.1. This Website is controlled, operated and administered by Provider from its offices within the Republic Zambia. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited.

13.2. The User may not use this Website in violation of Zambian laws and regulations laws and regulations. If the User accesses this Website from locations outside of Zambia, that User is responsible for compliance with all local laws.

13.3. These Terms and Conditions shall be governed by the laws of the Republic of Zambia, and the User consents to the jurisdiction of the Zambian Courts of competent jurisdiction in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

13.4. Failing this, the offending provision shall be severed from the rest of this agreement and the rest of the agreement shall remain enforceable.

13.5. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

14. Prohibited Conduct

14.1. You undertake not to use or permit anyone else to use the Service or Website:

14. 1. 1. to send or receive any material which is distasteful, threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;

14. 1. 2. to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

14. 1. 3. to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

14. 1. 4. to cause annoyance, inconvenience or needless anxiety;

14. 1. 5. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

14. 1. 6. for any fraudulent purpose or purpose other than which we have designed them or intended them to be used ;

14. 1. 7. other than in conformance with accepted Internet practices and practices of any connected networks; or

14. 1. 8. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

14. 1. 9. The following uses of the Website, Services, and Deals are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:

14. 1. 10. furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;

14. 1. 11. reselling the Website, Services or any Deal;

14. 1. 12. attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);

14. 1. 13. accessing the Service (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;

14. 1. 14. executing any form of network monitoring which will intercept data not intended for you;

14. 1. 15. sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material.

14. 1. 16. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;

14. 1. 17. creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;

14. 1. 18. sending malicious email, including flooding a user or site with very large or numerous emails;

14. 1. 19. entering into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);

14. 1. 20. using the Service or Website (or any relevant functionality of either of them) in breach of this Agreement;

14. 1. 21. unauthorised use, or forging, of mail header information;

14. 1. 22. engaging in any unlawful activity in connection with the use of the Website and/or the Service or any Deal; or

14. 1. 23. engaging in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.

14. 1. 24. You may not register an email address which is not your own personal email address. Furthermore, you may not use proxy internet protocol addresses (IP addresses) in order to attempt to hide the use of multiple User Accounts;
 
Contact information / Domicilium citandi et executandi
 

This website is run by Three Sixty Deals Services and Products (Pty) Ltd based in Zambia as

 

360deals and with registration number 120150135258.

 

 

If you have any questions, queries or wish to request permission to use any part of this

 

website, please contact us at:

 

Three Sixty Deals Services and Products (Pty) Ltd

 

Physical address:

 

Plot no. 1304m/1 off Lake Road 

 

Ibex • (Near Choppies Ibex)

 

Lusaka 10101

 

Zambia

 

 

Email address: marketing@360deals.co.zm

 

Contact us on:

 

+260 962 193 199  or  

 

+260 955 360 100

  

Still a bit stumped? Send us an email or call +26 (0)955 360 100.