Website Terms of Use

Copyright in information contained in this website is owned by Pepkor. You may use this information and reproduce it in hard copy for your own personal reference use only.

The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written permission of Pepkor.

Information of this website is given by us in good faith and has been taken from sources believed to be reliable.

We make no representations that the information contained on this website is accurate, complete or fair and no reliance should be placed on it for any purpose whatsoever.

The information contained herein is not intended to serve as financial or other advice. Pepkor shall not be liable to any person or company for use or reliance of any inaccurate information or opinions contained herein.

Pepkor does not make any representation regarding any other websites which may be accessed through this web site and accordingly accepts no responsibility for the content or use of such web sites or information contained therein.

Pepkor shall not be liable to any party for any form of loss or damage incurred as a result of any use or reliance on any information contained on such a website.

TERMS AND CONDITIONS FOR PURCHASE AND SALE

This page contains the terms and conditions ("T's & C's") on which you purchase and we sell the items offered for sale on this website.

• In order to enter this agreement with us, you must have contractual capacity.
• You must also be legally entitled to use the credit card, debit card or another payment mechanism to be used to make the purchase. We reserve the right to select which banking cards and payment mechanisms are acceptable to us and to amend this selection at any time.
• You must be able and willing to correspond with us exclusively in the English language.
• You are advised to read this page cautiously, taking care to understand each of the provisions that apply to the sale of the item or items you wish to purchase. Should you decide to place an order, you will be deemed to have read and understood the entire contents of this page and will be bound by all these Terms and Conditions.
• Before proceeding further please note that CODE does not offer or make any representation, warranty or provision/s other than those contained in these Terms and Conditions, and therefore you should not continue to transact on this Site or accept these Terms and Conditions if you perceive there to have been an implied or express representation, warranty or provision made to you, and which has induced you to visit this Site.
• You may wish to retain a printed copy of these Terms and Conditions for reference purposes in connection with your purchase, however, please be advised that we reserve the right to amend the Terms and Conditions at any time, and you should therefore always read this page before making future purchases. Nothing in these Terms and Conditions is intended to deprive you of your rights or to avoid our obligations in terms of consumer protection legislation, and if any provision purports to do so it shall be interpreted as being subject to such legislation or if such interpretation is not possible, to be severable from the Terms and Conditions, which shall then be read as if the offending provision had not been included therein.

Terms and Conditions of Purchase and Sale: CODE Store and the Customer:

1. PREFACE
   1. You are contracting with CODE, a division of Pepkor Trading (Pty) Ltd ("CODE").
   2. https://code-sa.com/ (“the Site”) is the trading business operated by Pepkor Trading (Pty) Ltd.
   3. The Site is in the business of selling various fashion items to customers via a web-based purchase and sale transaction.
   4. Every transaction on the Site is subject to these Terms and Conditions, with no exceptions whatsoever.
   5. Accordingly, by using the Site, and/or registering an account with CODE, and/or placing an order and/or conducting a Transaction on the Site you are confirming in each instance your legal acceptance of, and agreement to be bound by these Terms and Conditions, as may be amended from time to time.
   6. These Terms and Conditions constitute a framework agreement between CODE and you, enabling us to enter into Transactions from time to time, with the details of each specific Transaction being contained in the documentation relevant to that particular Transaction, but in all instances subject to the provisions of these Terms and Conditions.
2. WHOLE AGREEMENT
   1. These Terms and Conditions apply to each and every purchase and sale made or to be made on this Site.
   2. Your submission of order on this Site indicates your unreserved acceptance of these Terms and Conditions, applicable from the time of your order until and subsequent to your receipt of the ordered item or items.
   3. We retain the right to modify these Terms and Conditions from time to time and will publish the revised Terms and Conditions on the Site. Modifications to these Terms and Conditions will not operate retrospectively, and applicable Terms and Conditions will accordingly be those that are published at the time of your use of the Site and/or a Transaction in terms hereof.
   4. Each instance of your use of the Site will be considered to be your express recognition and acceptance of the Terms and Conditions then published on the Site.
   5. We reserve the right to discontinue making the Site or any part thereof available with or without notice to you.
   6. You may not amend, delete or add to these Terms and Conditions in any manner whatsoever. If you attempt to do so, any such purported amendment, deletion or addition will be of no force or effect.
   7. Notwithstanding the above, your statutory and/or consumer rights are not affected by these Terms and Conditions.
3. REGISTRATION
   1. Before making your initial order you need to register an account on this Site, and provide the personal information that is required for the registration process.
   2. By submitting the required information you are warranting that all information is true and correct, and agree that you will be held fully responsible and/or liable for the consequences of submitting false or incorrect information.
   3. It is your sole responsibility to update your account details should they change at any time after registration.
   4. You are wholly responsible for the activity that takes place on your account, and you confirm your awareness of the need to keep your account user name and password sufficiently secure.
   5. You shall inform us immediately if you become aware of or suspect that your account credentials have been compromised or if your account has been used without your permission.
4. THE ITEMS
   1. We will sell various fashion and fashion-related items from time to time, offering the available items for sale on the Site.
   2. We have used our best endeavours to reflect the Items offered for sale in a factual and true light, but are not responsible for slight variations that may appear as a result of various factors, such as but not limited to your physical environment and electronic equipment used to view the Items.
   3. You select an Item or Items of your own volition and are solely responsible to determine whether your choice is appropriate for your particular needs.
   4. The Items offered for sale by us are standard stock, without any option of customisation. We, therefore, do not guarantee that any Item/s will meet personal and distinct requirements of specific nature.
5. THE TRANSACTION
   A “Transaction” consists of:
   • The selection of an Item or Items
   • The placing of an order
   • Payment by you, and
   • Acceptance of your order
   1. Selecting an Item
      1. Once you have registered an account on this Site and wish to make a purchase, you need to adhere to the directives on the Site in regard to placing an order, submitting an order and making payment.
      2. The price of any Item offered for sale on the Site will be the price that is reflected in respect of that Item on the date on which you place your order.
      3. CODE Gift Cards or Vouchers purchased/received in-stores may not be redeemed online. Only in-store.
      4. The validity of the price as referred to in 5.1 above will not be affected by a price you may have seen in respect of the selected Item either before or after the day on which you place your order.
      5. Once you have selected your Item/s and placed an order ("your Order"), we will confirm the currency in which you will be required to make payment, and be advised of the total amount to be paid, inclusive of:
         1. the price of the Item/s;
         2. any applicable taxes;
         3. any applicable charges for delivery; and
         4. any other charges that may apply to the transaction.
   2. Placing your Order
      1. In each instance that you submit an Order on this Site, you agree that you do so subject to these Terms and Conditions, as published at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
      2. After you have submitted your Order you will receive confirmation from us that your Order has been received, which does not amount to our acceptance of your Order, and is simply an acknowledgment that it has been received.
      3. After submission, your Order will be open for our acceptance until such time as we advise you of our acceptance or until you retract the Order, whichever occurs earlier.
      4. Once we have confirmed acceptance of your Order, a binding contractual transaction is created, and your Order may therefore not be retracted once we have accepted it.
   3. Payment
      1. At the time of placing your Order, you will make payment in full for the Item/s you have ordered.
      2. Payment must be made by the use of a debit or credit card issued to you by a financial institution that is considered acceptable to us, via the payment process available on the Site.
      3. Should you make use of a debit or credit card, the account or facility accessed via the use of the card must have sufficient funds or credit available for the full cost of the intended purchase of the Item/s.
      4. We will not administer your Order until such time as payment has been made by you and we have confirmation of funds having been received.
      5. We reserve the right to:
         1. conduct a credit check should we, in our sole discretion, deem it to be necessary for any reason;
         2. request and/or acquire or authentication of your payment details from yourself or from any relevant financial institution, or to make any inquiries we deem necessary in respect of your details or proposed payment; or
         3. to limit the payment method available to you and/or to direct you to make payment in the manner required by us.
      6. We will not be obligated to supply or deliver Item/s to you until such time as we have accepted your Order and received the cleared funds after your payment envisaged in this clause 5.3
      7. No store issued voucher can be used online.
      8. No Purchases can be made online using your store Account.
   4. Acceptance of your Order
      1. If we accept your Order we will send you, via email, an official Despatch Confirmation Form, advising you of your Order reference number and confirming in express terms that your Order has been accepted.
      2. Acceptance by us will be effective once we have transmitted the email referred to in 5.4.1 and will constitute valid acceptance irrespective of whether you, in fact, receive the email.
      3. We are under no obligation whatsoever to accept your Order, and unless effective acceptance has taken place, we are entitled to reject your Order in our sole discretion and without providing you with a reason for our decision.
      4. Should we exercise our right to reject your Order, you will be informed of such fact and your payment will be refunded to you.
      5. Similarly, prior to acceptance being effected by us, you may cancel your Order and request that your payment is refunded, which we will do.
      6. Only the official Despatch Confirmation Form referred to in 5.4.1 will constitute acceptance in accordance with these terms. Any other communication sent to you from us will not be construed as acceptance, irrespective of whether such communication is in regard to or in any way related to your Order.
      7. If we reject your Order due to unavailability of the Item/s you have selected, we may, but are not obliged, to suggest substitute Item/s, and in the event that you wish to order the substituted Item/s, you will be required to place a new Order.
6. YOUR WARRANTIES IN REGARD TO THE TRANSACTION
   1. You warrant, if you make use of a debit or credit to effect payment to us, that the card is your own card and that you are legally entitled to transact with the relevant card.
   2. You warrant that all details submitted to us in connection with the transaction are correct and accurate.
   3. You warrant that you will notify us of any changes in your account details on an ongoing basis, to ensure that our record of your information remains up to date.
7. BINDING AGREEMENT
   1. A binding agreement between us is created at the time that acceptance of your Order takes place.
   2. This binding agreement is in respect of the Item/s duly listed in the Despatch Confirmation Form, which may not be all the Items that you had included in your Order.
8. DELIVERY OF ITEM/S
   1. You will nominate your delivery address when you place your Order.
   2. Subject to the further provisions of these Terms and Conditions, there is a charge for the delivery of purchased Items.
   3. Notwithstanding the delivery periods indicated on the Site, and due to factors decimal our control, we do not and will not guarantee an exact delivery date.
   4. We cannot guarantee delivery to every possible location, and accordingly, may request that you provide us with an alternate delivery address should we be unable to deliver to the address you originally selected. In such a case you may elect to cancel your Order and request that your payment is refunded.
   5. You will not have any claim of any nature whatsoever against us as a result of or related to delivery within a time period that differs to that published on the Site.
   6. If you are not accessible for delivery on the date advised in the Despatch Confirmation Form:
      1. we or our appointed agent may communicate with you in regard to arranging a second delivery date; or
      2. we may advise you that you need to collect your Item/s from a designated point no less than 10 days after the original delivery date.
   7. If you have agreed to allow a responsible third person at your delivery address to accept delivery on your behalf, then you will have no claim against CODE or its delivery agent/s for loss or damage (excluding fault/s intrinsic to the Item/s) if delivery is proved to have been effected to such responsible third person. For the purposes of this clause a ‘responsible third person’ will be a person over the age of 16 years, resident or employed at the nominated delivery address, and delivery will be ‘proved’ by the delivery agent being able to provide the signature of the said responsible third person on the relevant delivery documentation.
   8. If you unjustifiably (in our sole discretion) refuse to accept delivery, or fail to collect your Item/s in terms of 8.8.2, then:
      1. we may elect to immediately cancel our agreement, retain the Item/s, and refund your payment, in which case we reserve the right to deduct our administration charges (including but not necessarily limited to storage and delivery charges) before effecting the refund; or
      2. we may offer you an extended period within which to collect the Item/s or arrange for a further delivery attempt, subject in either case to your prior payment of our storage, delivery and any other charges, which will be invoiced to you once the alternate arrangements have been confirmed.
   9. Our remedies set out in this clause are in addition to any others set out in these Terms and Conditions or available at law, and if we elect to act in terms of this clause 8, it will not affect our right to apply the aforementioned other remedies should we choose to do so.
9. RECEIPT OF ITEM/S
   1. If a date and time for delivery are arranged with you (by CODE or its appointed delivery agent), it is your responsibility to make yourself available at the date and time so arranged.
   2. If delivery is effected directly to you by our delivery agent:
      1. you will inspect the Item/s for incorrect selection, apparent defects or obvious damage before you accept delivery of the Item/s;
      2. if you do not accept delivery due to any perceived problems with the Item/s, you will instruct the courier to retain the Item/s and return it/them to us; and;
      3. if you accept delivery, you will retain the documentation provided by the courier, as well as the original packaging of the Item/s, in the event that you become dissatisfied with your purchase at a subsequent time and wish to address this with us.
   3. If delivery is effected to a responsible third person in terms of 8.7 and your delivery instructions:
      1. you will inspect the Item/s for incorrect selection, apparent defects or obvious damage on your receipt of the Item/s;
      2. if you are dissatisfied with the Item/s you will notify us within 24 hours of your receipt of the Item/s of the reasons for your dissatisfaction; and
      3. we will then enter into correspondence with you in regard to your dissatisfaction and the options available to both parties.
   4. You are advised to exercise due care when opening the package that is delivered, and cautioned against the use of sharp objects when doing so.
10. RISK & OWNERSHIP IN THE ITEM/S
    1. Risk and ownership in and to the Item/s passes to you on effective delivery.
    2. If delivery is delayed for any reason other than the fault of CODE, then risk will pass on the day on which delivery would have been effected but for the delay, and ownership will pass on the day that you actually receive the Item/s.
11. TERMINATING A TRANSACTION
    A Transaction may be validly terminated in the following limited circumstances, as well as may be mentioned elsewhere in this document:
    1. We may terminate the transaction if all the Items you have ordered (or in the case of ordering a single Item, the Item you have ordered) are/is unavailable for any cause whatsoever, and in such instance:
       1. We will inform you of the unavailability as soon as reasonably possible;
       2. We will refund the payment that has been made in respect of the unavailable Item;
       3. If a number of Items have been ordered simultaneously, and not all Items are unavailable, we will refund you in respect of the unavailable Item/s and proceed with the Transaction in respect of the Items that are available.
    2. In the case of 11.1.3 above, if you wish to terminate the Transaction in its entirety due to the unavailability of an Item or certain Items, you must advise us of your wish to do so within 24 hours of our informing you in terms of 11.1.1, failing which, you will be deemed bound by the Transaction and we will proceed with delivery of the remaining Item/s ordered by you.
    3. If you wish to withdraw a confirmed Order for any other reason, you must inform the CODE Customer Care Centre at the contact details shown on the Site, and advise us accordingly.
    4. If you act in terms of 11.3, the transaction will be terminated, and your payment refunded, only if we have not yet packaged and forwarded your Order to our delivery agent, and if termination is not possible for this reason, you will be required to return the Item/s, and will, therefore, be subject to the terms governing returns, as set out in this agreement.
12. VOUCHERS
    1. You may have the option of redeeming valid Online CODE vouchers in order to purchase Items from the Site, such vouchers being issued:
       1. as gift vouchers which are purchased on the Site and sent by email to the intended recipient; or
       2. as promotional offers to certain CODE customers from time to time.
    2. Gift cards purchased in-stores cannot be used for online purchases & vice versa.
    3. Each voucher will contain a unique reference code, being the means by which a voucher is identified as valid and which must be quoted when redeeming the voucher.
    4. The vouchers referred to in 12.1.1 and 12.1.2 may NOT be used to purchase any Items (excluding gift vouchers) offered for sale on the Site, and will be considered to have been redeemed when the voucher is selected as the payment mechanism and unique code referred to in 132.2 is quoted in a Transaction on the Site.
    5. If you purchase a gift voucher:
       1. you are entirely responsible for providing the correct email address to which the voucher is to be sent, whether the voucher is sent to you or should you wish CODE to email the gift voucher directly to the recipient on your behalf; and
       2. it may be transferred from one person to another and is not required to be redeemed by the named recipient.
    6. If you receive a promotional voucher, you will receive an advisory email and the voucher may then be accessed via your ‘Profile’ on the Site and used to purchase Item/s on the Site, provided that:
       1. it may contain specific limitations as to Item or brand selection, and these limitations will not be waived;
       2. it may not be used with another voucher in a single Transaction;
       3. it may not be used on any Sale items on the Site.
       4. it may not be used for more than one Transaction; and
       5. if the total cost of the ordered Items is less than the value of the promotional voucher, then you will forfeit the balance of the voucher because no credit will be allocated for the remaining value.
    7. In respect of both a gift voucher and a promotional voucher, the following terms apply:
       1. Interest will not accrue on the value of a voucher;
       2. Vouchers may not be redeemed for cash;
       3. Vouchers must be redeemed before the indicated expiry date;
       4. If the total cost of the ordered Items is more than the value of the voucher you will be required to make payment of the difference between the total cost and the voucher value, and in such case, the provisions of these Terms and Conditions regarding payment will apply;
    8. Gift cards/ Vouchers purchased in-store will not be accepted online.
    9. CODE will not be held legally responsible or accountable for the loss, misuse or theft of a voucher, and you or the recipient are therefore cautioned to treat the voucher with due care; and
    10. If you take or attempt to take any action in regard to a voucher that amounts or may (in our sole opinion) amount to falsification, fraud, or misrepresentation we will take the steps we deem necessary in the circumstances, including but not necessarily limited to the immediate cancellation of this agreement and the termination of your account on the Site.

INTELLECTUAL PROPERTY

Except for information that you submit to the Site, all content and other subject matter included on or within the Site, and all intellectual property rights in or related to the CODE offering including, but not limited to, copyright, trademarks, service marks, patent rights, trade secrets and know-how concerning the CODE brand or any Item/s offered for sale or displayed on the Site, or connected to CODE licensors, vendors and/or suppliers are and shall at all times remain the sole property of CODE, or its licensors, vendors or suppliers.

The above statement of ownership includes but is not necessarily limited to information, photographs, signs, text, graphics, designs, layouts, images, trade names, slogans, logos, and trademarks, and whether or not indicated as being copyrighted, licenced or otherwise protected by law.

Except as expressly provided in these Terms and Conditions, you shall not in any manner copy, reproduce, distribute, pass off or alter or affect the display of the respective intellectual property owned by CODE and/or its vendors or suppliers.

EMAIL COMMUNICATIONS

All electronic communication, including all attachments thereto, is transmitted to you by Pepkor Trading (Pty) Ltd and all its divisions (“Pepkor”) on the following terms and conditions:

1. As the addressee/recipient of electronic communication, you agree to be bound by the provisions of sections 11(1) and 11(3) of the Electronic Communications and Transactions Act (Act 25 of 2002).
2. The information contained in this electronic communication may contain confidential and/or legally privileged information. It is intended solely for the use of the individual or entity to whom it is addressed and others authorized to use it or receive it.
3. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance of the contents of this electronic communication is strictly prohibited and may be unlawful. If therefore you have received electronic communication in error, please notify the sender immediately and delete/destroy it.
4. Any copying, publication or disclosure of the contents of electronic communication by any person whatsoever can result in civil liability.
5. Confidentiality and legal privilege are not waived or lost by reason of mistaken delivery to you of electronic communication.
6. Under no circumstances will Pepkor, as the sender of electronic communication, be liable to any person for any direct, indirect, special or other consequential damages for any use of an electronic communication, or of any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Pepkor has been expressly advised of the possibility of such damages.
7. Pepkor does employ virus filtering, but it provides no guarantees or warranties that its electronic communication is virus-free.
8. Pepkor is not responsible for the proper and/or complete transmission of the information contained in electronic communication or of the electronic communication itself, nor in any delay in its receipt.
9. The views and/or opinions expressed or implied in electronic communication do not necessarily express or reflect the views and/or opinions of Pepkor, unless stated otherwise. If the electronic communication was used for purposes unrelated to the official business of Pepkor, Pepkor shall not be liable for any damage caused by the contents of this message and the sender may be held responsible therefore in his/her sole and personal capacity. In specific, the use of the Pepkor electronic communications facility is not permitted for the distribution of chain letters or offensive mail of any nature whatsoever.
10. No warranties are made or implied that an employee or contractor of Pepkor was authorised to make the electronic communication. Pepkor disclaims liability for any unauthorised instruction for which permission was not granted.
11. No employee or intermediary of Pepkor is authorised to conclude a binding agreement on behalf of Pepkor without the written confirmation by a duly authorised representative of Pepkor. Any agreement concluded with Pepkor via electronic communication shall only come into operation once Pepkor has confirmed the formation of such an agreement in writing.
12. The e-mail address of the sender of electronic communication may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior written consent of the sender.
13. Where applicable, Pepkor retains the copyright to all electronic communication and attachments. The recipient is licensed to open and read the message and/or attachments only, all other rights are reserved unless otherwise indicated by the sender.
14. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
15. Subject to urgent and interim court relief, any disputes and/or disagreements and/or damages and/or liabilities related to the electronic communication shall be referred to arbitration in terms of the rules of the South African Arbitration Foundation in Cape Town.
16. This electronic communication disclaimer shall take precedence over any other disclaimer(s) in respect of electronic communication addressed to or used by Pepkor.
17. The above-mentioned terms and conditions will also be applicable to all electronic communication in relation to the Promotion of Access to Information Act Manual which is available at http//www.pepkor.co.za.
18. Information disclosures required by law:

Full name of company: CODE, a division of Pepkor Trading (Pty) Ltd
Registration number: 1958/003362/07
Country of registration: Republic of South Africa

Street Address:
Old Oak Office Park
2 Edmar Street
Bellville
7530
South Africa

IN-STORE PURCHASE RETURNS POLICY

• No refunds or exchanges on sale goods without original proof of purchase.
• If no proof of purchase can be provided, we will exchange your item(s) at the current system price.
• For hygienic reasons, no refunds or exchanges on bikini bottoms.

Returns Policy

Please see our Delivery & Returns Policy page CLICK HERE

SOCIAL MEDIA POLICY

CODE operates various social media communities on various social media platforms and are glad to have you as a community member. We encourage you to publish content and interact with us and other community members through our communities. We would like to ensure a positive experience for everyone and therefore we need a few rules for everyone. Please take a moment to read this policy and keep our rules in mind whenever you publish content to or do anything else on our social media communities.

1. PURPOSE

   The purpose of this policy is to ensure that engaging with us and other community members on our social media communities is a positive experience for you and other community members.

2. COMMUNITIES

   This policy applies to your use of any social media. Social media is a broad term that covers any existing or future digital tool or other kind of technology that allows one person to publish the same message to many people in a public or semi-public forum at the same time using the Internet or a similar communications network. It includes:

   • social networking services – like Facebook;
   • micro-blogging services – like Twitter or Tumblr;
   • professional networking services – like Linkedin;
   • video and photo sharing services – like YouTube, Vimeo, Instagram, or Flickr;
   • blogs – like corporate or personal blogs;
   • forums and discussion boards – like Reddit;
   • wiki websites – like Wikipedia;
   • instant messaging applications – like Whatsapp, WeChat, or iMessage when used to send group messages; and
   • any other electronic communications – like email or SMS when used to send the same message to multiple recipients.
3. RELEVANCE

   Our social media communities are spaces for you to discuss topics relevant to our business, for us to communicate with you about our goods and services, and for us to connect you to our official website. You should only publish content that is relevant. Anything contrary to our community purpose will be irrelevant and removed, including:

   • links to external websites not related to us or our goods and services;
   • adverts for goods or services other than ours – like your goods or services or those of a competitor;
   • promotional competitions other than ours – like your promotional competitions or those of a competitor;
   • spam or anything else published more than once or in more than one place;
   • donation requests unless we have authorised you to publish them in writing;
   • acknowledgement requests – like asking for ‘votes’, ‘likes’, or ‘retweets’;
   • your personal contact information because it puts your privacy at risk – like your email address or phone number; or
   • anything else that isn’t relevant to the purpose or conversations on the social media community in question.
4. MODERATION

   We may edit or remove anything that you publish to our social media communities that is inconsistent with this policy, including anything irrelevant and any conduct, content, or promotional competition related content that is prohibited by this policy. We may moderate any of the following things as described above among others:

   • anything that is not relevant to a social media community or the conversation in question;
   • anything that results from prohibited conduct, including discrimination, hate speech, harassment, or trolling;
   • prohibited content, including content that is illegal, harmful, offensive, or impermissible; or
   • prohibited promotional competition related content, including unjustified outcries, discriminatory objections, or prohibited discussions.
5. COMPETITIONS

   We regularly run competitions on our social media pages. These promotional competitions are run in strict accordance with the law to ensure that they are fair and that everyone has the same chance of winning. These promotional competitions are regulated by competition terms and conditions that determine what entries we accept, how we select winners, and how the competition is monitored by auditors. A copy of the terms and conditions are always available to you on our website. You may not engage in any of the following prohibited conduct:

   • unjustified outcries, which means strong expressions of public disapproval or anger based on false assumptions – like “The competition was rigged!” (our competitions are run strictly in accordance with the law and any baseless claim to the contrary is defamation against us);
   • discriminatory objections, which means negative comments about the competition or its results based on attributes of the individual entrants or winners, including their gender, ethnicity, religion, race, disability, or sexual orientation – like “I can’t believe only [insert attribute here] people won!” or “Not even a single [insert attribute here] person won!” (anyone is allowed to enter our competitions and a computer chooses the winners randomly under the supervision of an external party – no one has any control over who wins or who does not and there may be multiple winners with a single attribute and none with yours); and
   • prohibited discussions, which means certain aspects of promotional competitions that we are not allowed to talk to you about in terms of our promotional competition rules, like the personal details of the winners.
6. NETWORK RULES

   It is important that you understand the rules of each social media platform. This includes the written rules like their terms of service and the unwritten rules like the manners and etiquette of that social media service that its members generally subscribe to.

7. NOT OUR VIEWS

   What you and other members publish on our social media communities are not our views.

8. RESPONSE TIMES

   We will do our best to respond to anything you publish to our social media communities timeously, but are not liable for failing to do so. We generally moderate our social media communities from 08h30 to 16h30 on weekdays other than public holidays.

9. NO ENDORSEMENT

   We do not endorse anything you publish to our social media communities merely by acknowledging it in any way, such as a ‘like’, ‘retweet’, ‘favourite’.

10. REPORT

    If you see any behaviour from other community members who are in breach of this policy, we encourage you to report them to us through an inbox message to the page.

11. RECOURSE

    We may take recourse against you for breaching this policy by suspending or banning you from any of our social media communities.

12. QUESTIONS

    We want you to understand this policy as best as you can so that you can comply with it easily. If there is any aspect of this policy that you don’t understand or if you have any questions about this policy, please contact us using the contact information on our customer services page available here: hhttps://code-sa.com/pages/contact.

13. DISCLAIMER

    Where third parties are involved and where there is an ongoing investigation all Social Media messages are posted without prejudice, and we reserve all our rights.

MARKETING AND PROCESSING OF PERSONAL INFORMATION CONSENT

Where you have given your consent in store to a cashier, you agree to:

• the processing of your personal information (including your name, surname, id number, telephone number, transactional information and any other information which may be required in terms of the Financial Intelligence Centre Act, 2002, (“FICA”) or any other law) (“Personal Information”) by Pepkor Trading and other companies in the Pepkor group (“Pepkor group”), any of their operators, commercial partners (e.g. Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your Personal Information confidential and will only use your Personal Information for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
• the collection of your Personal Information from any other source to supplement the information which the Pepkor group has about you (e.g. telecommunication networks, Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters);
• the retention of your Personal Information indefinitely, unless you object, in which case we will retain such information only for as long as legally permitted;
• the use of your Personal Information to send you information about products, services and special offers offered by the Pepkor group and its commercial partners that may be of interest to you;
• the use of your information for purposes required in terms of law, including FICA;
• a credit enquiry being conducted about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
• The provision of your Personal Information in terms of this agreement is voluntary.

Subject to applicable law, you may access the Personal Information we have about you by contacting our call centre on 0860 900 400 and request that applicable corrections be made.

If you are unhappy about the way we process your personal information, you should contact our call centre on 0860 900 400. Alternatively, you may lodge a complaint to the Information Regulator.

The responsible party is Pepkor Trading (Proprietary) Limited (“Pepkor Trading”) with address at Old Oak Office Park, Corner Old Oak and Twist Road, Bellville, Cape Town.

If you choose to be excluded from direct marketing campaigns in the future from CODE, you must advise CODE by contacting us on 0860 900 400 or you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.

PROMOTION OF ACCESS TO INFORMATION ACT MANUAL

The Promotion of Access to Information Act 2000 (PAIA) was set up by the SA Human Rights Commission to help increase public access to information about South African companies and other institutions. With this Act, they hope to make sure that:

• companies share information openly
• a culture of social justice is created and promoted
• human rights are respected by corporations and government

Learn more about your right to information and who can help you get it by downloading our PAIA Manual below.

YOU HAVE THE RIGHT TO HAVE ACCESS TO INFORMATION!

VIEW the Pepkor PAIA Manual

TERMS AND CONDITIONS FOR WiFi USE

1. This free WiFi service being offered at this location (the "WiFi Service") is operated by CODE, a division of Pepkor Trading (Pty) Ltd ("CODE", "we", "us" or "our") whose registered office is at 36 Stellenberg Road, Parow Industria, 7493 and whose company registration number is 1998/007991/07.
2. By using the WiFi Service and/or checking the "I accept" checkbox on the login/registration page you acknowledge that you are 18 years or older and you agree to be bound by these terms and conditions (the "Terms"). If you do not agree, do not register to use the WiFi Service. We reserve the right to modify or amend these Terms at any time. Your continued use of the WiFi Service following any revisions to these Terms will confirm that you have agreed to the modified or amended terms.
3. You are granted a limited, non-exclusive, non-transferable right to access and use the WiFi Service for your personal, non-commercial use only. Nothing in these Terms constitutes a transfer of any intellectual property rights to you. The WiFi Service is provided "as is" and no warrant is made by CODE of any kind whatsoever, including, but not limited to, availability, performance, functionality, security of the WiFi Service or that the WiFi Service is fault free.
4. You will only be able to access the WiFi Service if you are within range of the WiFi signal for any designated area within the CODE stores.
5. You are responsible for providing all necessary, compatible hardware and software to use the WiFi Service, and you are aware that the availability and performance of the WiFi Service are subject to any and all limitations connected therewith. We are under no obligation to assist you with any support for the WiFi Service.
6. When you are using the WiFi Service you must not act in a way that could be unlawful or that could encourage others to act unlawfully. You may not infringe intellectual property rights or engage in any criminal offence or encourage anyone else to do so. You are responsible for all obligations toward third parties you may consent to while using the WiFi Service, including but not limited to any obligation to pay fees, costs, royalties or other remuneration. You may not transfer the rights and obligations you may have according to these Terms on a third party.
7. You may not visit websites providing pornographic, racist, other unethical or unlawful information. You may not make contact with or arrange meetings with children with any sexual end in mind. This contact includes but is not limited to: chat software, chat sites, discussion forums and email mailing lists. You may not use the WiFi Service to harm or attempt to harm minors in any way. You must not undertake any actions that are objectionable, immoral or inappropriate. Do not use the WiFi Service to collect email addresses or other personal details. Do not use the WiFi Service to send spam or junk mail.
8. Do not use the WiFi Service in a way that could affect the WiFi Service, the network or other technology connected to it (for example, do not do anything that could affect our provision of the WiFi Service to other users or that would affect the devices of our other WiFi Service users). Be considerate, in particular do not upload/download very large files and make sure your device is protected by up to date anti-virus software to protect both yourself and other users.
9. We are offering the WiFi Service for free for the purpose of enabling limited access to the Internet. You accept that we do not guarantee access to the WiFi Service and agree that there may be occasions when the WiFi Service may not be available to you. There may also be times when we monitor the types of information and/or the sites accessed or applications used over the WiFi Service. We reserve the right to suspend or terminate your access to the WiFi Service at any time at our discretion and without any responsibility to you or a third party.
10. You agree to indemnify CODE and/or the Pepkor group of companies against any claims, damages, fees, losses, costs or expenses arising directly or indirectly out of your use of the WiFi Service and/or any breach by you of these Terms, including any content or material that you access or make available through your use of the WiFi Service.
11. CODE is in no way liable for any information, data or content received, accessed or transmitted through your use of the WiFi Service. You are using the WiFi Service solely at your own risk. You acknowledge that the WiFi Service is not secure. You acknowledge that we are not responsible for the security of your information (which includes, without limitation, data you transmit on the WiFi Service) and similarly are not responsible for the accuracy, completeness or timelines of any information obtained through the WiFi Service from the internet.
12. The protection of the personal information that you disclose to us during the registration process including your device's location, IP address and browser details is of utmost importance to us. For more information about how we may use your personal information, please read our Privacy Policy .
13. Notwithstanding anything else in these Terms to the contrary and to the fullest extent permitted by applicable law, we are in no way liable to you or any third party for any claims, damages, fees, losses, costs or expenses arising directly or indirectly as a result of the WiFi Service being used by you or any other person, being unavailable, not operating as expected or causing loss or damage to any data.
14. If any provision in these Terms should be held invalid, void or unenforceable by any competent authority, in whole or in part, the validity and enforceability of other provisions in these Terms shall not be affected.
15. You agree that these Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa without reference to its conflict of law provisions. Any dispute or claim arising out of, or in connection to these Terms which cannot be resolved directly between the parties shall be resolved by the courts of the Republic of South Africa.

CODE, a division of Pepkor Trading (Pty) Ltd
36 Stellenberg Road
Parow Industria, 7493
Phone: 0860 900 400

LIABILITY, LIMITATIONS, AND EVENTS BEYOND THE CONTROL OF CODE

*Take note of the limitations of liability contained in this clause

1. No other clause or provision in these Terms and Conditions will operate or be interpreted to overrule this clause.
2. You will not have any claim against CODE for a failure to carry out any one or more of its obligations in terms of these Terms and Conditions or any Transaction as a result of any circumstances whatsoever beyond the control of CODE, irrespective of whether those circumstances should or could have been anticipated by CODE.
3. The performance of our obligations will be suspended for the duration of the event or circumstance that is preventing performance, and on cessation of the event or circumstance, we will then, as soon as is reasonably possible, perform as required in accordance with these Terms and Conditions and the relevant Transaction.
4. If in our sole discretion, the suspension of performance has continued or is expected to continue for too long a period, then we may elect to cancel the Transaction by way of written notice to you.
5. In the case of our actions in terms of 4 above, and with the exception of a refund that may be due to you for an Item or Items returned to us, you will have no claim whatsoever or howsoever arising against us in regard to the cancellation of the Transaction.
6. Notwithstanding any communication between us, whether verbal or written and subject to clause 7, any claim by you against CODE, howsoever arising, will in the aggregate be limited to the amount actually paid by you to us in respect of the Item/s to which the claim relates.
7. With the exception of a claim proved to have been caused by the gross negligence of CODE or its appointed agents, CODE will not be liable to you for consequential or special damages, whether or not such damages are caused by CODE or its employees or authorised agents.

NOTICES AND NOMINATED ADDRESSES

1. Any notice under these Terms and Conditions shall be in writing and must be served by email addressed to the recipient at the email address that has been nominated in terms hereof.
2. All email communication exchanged between us must make use of the ‘read receipt’ function, in order to provide confirmation that emails have been received by our respective email servers.
3. Any notice given by email shall be deemed to have been served when the email has been received by the recipient’s server. In proving such service it shall be sufficient to show that the notice was despatched via email and a delivery report received.
4. Your nominated email address is given by you to CODE when you register your account on the Site. As stated in clause 3 above, it is your responsibility to ensure that your information, including your email address, remains up to date by advising CODE of any changes.
5. You are entitled from time to time to change your nominated address by way of updating your account details on the Site, and CODE may change its nominated address by way of updating these Terms and Conditions to reflect the new address or addresses.

CODE chooses as it nominated address:
CODE, a division of Pepkor Trading (Pty) Ltd
36 Stellenberg Road
Parow Industria
7493
Phone: 0860 900 400

WEBSITE PRIVACY POLICY

This website privacy policy describes how we process information we collect and/or receive from you.

1. INFORMATION WE COLLECT AND RECEIVE

   We collect and receive information about you in the following ways:

   1. Information you give us

      This includes any information that you provide to us directly:

      1. when you sign-up to utilise our services;
      2. by filling in forms on our websites, or those provided to you;
      3. when you enter a competition, promotion, donations or complete a survey;
      4. by posting comments or content on our social media pages; or
      5. when you contact us or we contact you and you provide information directly to us.
   2. What personal information we collect
      1. When you register to use our services, you could be required to provide us with the following information, your -
      2. name and surname;
      3. contact number and email address;
      4. physical address;
      5. identity or passport number; and
      6. date of birth.
   3. Information we collect or receive when you use our website or social media platforms

      We collect information when you use websites or social media platforms by using cookies, web beacons and other technologies. Depending on how you access and use websites, we may receive:

      1. Log information;
      2. Information we infer about you based on your interaction with products and services;
      3. Device information (for example the type of device you're using, how you access platforms, your browser or operating system and your Internet Protocol ("IP") address);
      4. Location information.
   4. Information from third-party sources

      We may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in other ways.

COOKIES POLICY

1. What are cookies and why do we use them?

   We might use cookies and other techniques such as web beacons when you visit our website. “Cookies” are small text files used by us to recognise repeat users, facilitate your on-going access to and use of our website and allow us to track your usage behaviour and compile aggregate data that will allow us to improve the functionality of our website and content. “Web beacons” are small, clear picture files used to follow your movements on our website. For example, storing your preferred settings for the next time you visit.

   The information we collect from cookies enables us to:

   • tailor our websites to your personal needs;
   • remember the notifications that you have been shown, so that you are not shown them again;
   • help us find information once you have logged in;
   • help us link your browsing information to you and your personal information, for example, when you choose to register for a service;
   • make improvements and updates to our websites based on the way you want to use them; and
   • we generally do not use cookies to identify you personally.
2. What kind of cookies do we use?

   We use the following categories of cookies:

   1. Category 1: Necessary cookies.

   Necessary cookies enable you to use our websites and all its features, such as enabling access to secure areas of the website. Without these cookies you may not be able to use all the features of our websites.

   2. Category 2: Performance cookies

   Performance cookies collect information about how you use our websites so we can improve them for you in future. For example, they collect information on which pages you visit most often and any error messages you may get. The information collected by these cookies is anonymous. They do not collect any information that can identify you personally.

   3. Category 3: Functionality cookies

   Functionality cookies enable us to provide you with a more personalized experience. They help us to remember data, such as your username and language preference, to save you having to enter them again the next time you visit. The information these cookies collect is anonymous. They cannot track your browsing activity on other websites.

   4. Category 4: Targeting/advertising cookies

   We and our service providers may use advertising cookies to deliver ads that we believe are relevant to you and your interests.

   WFor example, we may use targeting or advertising cookies to customize the advertising and content you receive on our websites, to limit the number of times you see the same ad on our websites and to help measure the effectiveness of our advertising campaigns.

   5. Category 5: Third-party Social media cookies

   Our websites use third-party cookies from social media sites such as Facebook, Twitter, LinkedIn and Instagram to enable in-depth campaign reporting and to track social network users when they visit our websites, by using a tagging mechanism provided by those social networks. These cookies can also be used for event tracking and remarketing purposes. Any data collected with these tags will be used in accordance with our privacy policy and with the social network's privacy policies. Our websites will not collect or store any personally identifiable information from the user.

3. How can you manage your cookie settings?

   Where applicable and to ensure you get the best possible experience when visiting our websites, we recommend that you accept cookies. However, you can opt-out of each cookie category (except strictly necessary cookies), by clicking on your “cookie settings” button or disable cookies in your web browser.

   Cookies may, however, be necessary to provide you with certain features available on our website. If you disable cookies you may not be able to use these features, and your access to our website will be limited.