TERMS AND CONDITIONS FOR USE OF THE SPUR STEAK RANCH PHYSICAL AND DIGITAL GIFT CARDS

The use of the Spur Gift Card (both the physical and digital) is subject to the following terms and conditions (“these terms and conditions”), together with any terms and conditions appearing on such Gift Card (“the Gift Card terms and conditions”). In the event of a conflict between these terms and conditions and the Gift Card terms and conditions, these terms and conditions will prevail:

The following provisions are drawn to the attention of the user if the Consumer Protection Act 68 of 2008 (“the CPA”) applies to any transaction concluded pursuant to these terms and conditions:


1. DEFINITIONS


2. The purchase and/or use of a Gift Card is deemed to constitute a binding agreement between Spur Group, the Purchaser and the Bearer (to the extent that the Bearer is not the Purchaser) in accordance with these terms and conditions.


3. PURCHASE, ISSUE AND RECHARGING OF GIFT CARDS


4. ISSUE, VALIDITY AND USE OF GIFT CARDS

5. Should the Gift Card be lost or stolen or misappropriated in any other manner whatsoever whilst in the possession of the Bearer, neither Spur Group nor its franchisees (“the franchisees”) will be liable to the Purchaser or the Bearer for any form of reimbursement or compensation of any nature whatsoever.

6. Misuse of the Gift Card may constitute fraud and the Gift Card may not be used for any unlawful purpose.

7. Neither Spur Group nor any of its franchisees will be liable for any losses in the event that the Gift Card cannot be utilised on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason.

8. These terms and conditions may be amended, varied and/or modified by Spur Group at any time and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified terms and conditions on the Website. Accordingly, the continued use by a Bearer of the Gift Card shall be deemed to be the Bearer’s acceptance of any such modified terms and conditions.

9. To the maximum extent permitted in law, neither Spur Corporation Ltd, Spur Group, nor their holding or subsidiary companies (collectively, “the Spur Companies”), nor any persons related or inter-related (as contemplated in section 2 of the Companies Act 71 of 2008 (as amended)) to any of the Spur Companies, nor any of their respective directors, prescribed officers, managers, employees, agents, franchisees, or anyone associated with any of them (collectively, “Spur parties”), shall incur any liability to any person for any injury, claim, loss or damage of any nature whatsoever, whether direct, indirect, consequential or otherwise, whatsoever or howsoever arising from their purchase and/or use of the Gift Card or otherwise. To the extent necessary in law the provisions of this clause 9 shall constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of the Spur parties, the benefit whereof may be accepted by any or all of them at any time, from time to time.

10. These terms and conditions shall comply with, and will be subject to, any peremptory provisions of the Consumer Protection Act 68 of 2008 (“the CPA”) and the regulations promulgated thereunder, which are deemed to be incorporated therein (“Peremptory Provisions”). In the event of any conflict between these terms and conditions and the Peremptory Provisions, the latter shall prevail. Furthermore, no term or condition of these terms and conditions is intended to breach any Peremptory Provisions. Any breach of any such Peremptory Provision shall be governed by the provisions of clause 12 mutatis mutandis (i.e. subject to changing those things which need to be changed).

11. This document, together with the Gift Card terms and conditions and any Purchase and Recharge terms and conditions, contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in these terms and conditions (including clause 8 above) no alteration, cancellation, variation of, or addition hereto will be of any force or effect.

12. Each sentence, paragraph, term, clause and provision of these terms and conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any Regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto. If any provision of these terms and conditions is found by any Court to be unfair as contemplated in Regulation 44 to the CPA, then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of this clause 12 mutatis mutandis.