Time Out Market Cards Terms of Use
Effective 17 November 2023
The use of your TOM Card constitutes acceptance of the following terms (this “Terms of Use” or “Agreement”), which are a legally binding agreement that governs your use of TOM Card.
YOU AGREE TO LIMIT CLAIMS AGAINST US FOR DAMAGES OR OTHER MONETARY RELIEF IN THE TERMS SET FORTH BELOW.
General Terms
V and A Waterfront Holdings (Pty) Ltd (Time Out Market Cape Town) (“we” or “us” or “our”) issues TOM Card to you in any amount you decide to load between R50 and R5000 as a way to make it easier for you to shop with us when you only have cash to pay at the Time Out Market where you bought the TOM Card. You will not need a TOM Card if you prefer to use your credit card or debit card.
TOM Card may be used only at the authorized concessionaires of the Time Out Market location where you bought the TOM Card, duly identified at the following website [www.timeoutmarket.com/capetown] (the “Participating Concessionaires”). Time Out Markets in other locales besides the Time Out Market where you bought the TOM Card or other Time Out Market-branded places will not accept your TOM Card for payment. The value that you load onto your TOM Card shall be in South African Rand and is a prepayment that gives you access to purchase goods and services at the Participating Concessionaires. Present your TOM Card to the cashier at the Participating Concessionaires at the time of purchase and the card’s available balance will be applied toward your authorized purchase and reduced accordingly.
TOM Card cannot be redeemed for cash, except where required by law. Treat your TOM Card as cash. Time Out Market Cape Town is not responsible for lost or stolen cards or any unauthorized card use. No refunds will be provided on any lost or stolen TOM Card. The value on your TOM Card does not earn interest.
We may modify or terminate this Terms of Use at any time.
Purchasing and Loading Value onto Your Card
You can purchase and load value onto your TOM Card only from us by visiting the Time Out Market store of a specific location, at the designated places for that purpose. Due to possible limitations of our systems, please note that funds may not be readily available after loading your TOM Card for immediate use.
No more than R5000 will be associated with any one TOM Card in a single day.
The total value you may load onto all of your TOM Cards, together with the value of any new TOM Cards that you may purchase, may not exceed R5000 on any given day.
Fees
No fees will be charged for activation, service, dormancy or inactivity in connection with your TOM Card.
Expiration
Your TOM Card will expire three years from the date you loaded funds onto it.
Limitations on TOM Cards
TOM Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).
Unlawful Activity with Your TOM Card
You should treat your TOM Card like cash and not disclose your TOM Card information to anyone. If your TOM Card or TOM Card information is lost or stolen, anyone who obtains possession of either one may use your TOM Card. You are responsible for all transactions on your TOM Card, including unauthorized transactions.
If we reasonably believe that the use of any TOM Card or TOM Card balance is unauthorized, fraudulent or otherwise unlawful, we reserve the right not to accept or limit the use of such TOM Card or TOM Card balance in case we consider such action appropriate to limit our risk. The only way for Time Out Market Cape Town to guarantee how much monetary value has a particular TOM Card is if you purchase such TOM Card directly from us and do not share or compromise your TOM Card. Consequently, we have no liability to you for any third party fraud or unlawful activity associated with any TOM Card balance. If we discover any TOM Card or TOM Card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted TOM Cards and retain all related TOM Card balances without notice to you. We may use retained TOM Card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load TOM Cards.
DISCLAIMERS AND LIMITS OF LIABILITY
EXCEPT AS IS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT TOM CARD, AS WELL AS ALL OTHER PRODUCTS OR SERVICES DEEMED TO BE DELIVERED UNDER THE TERMS OF THIS AGREEMENT SHALL BE PROVIDED ON “AS IS” BASIS, WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, AND THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE THEREOF IS ASSUMED BY YOU. TIME OUT MARKET CAPE TOWN AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES THAT ACCESS TO OR USE OF THEIR SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT YOUR TOM CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO LIMIT ANY CLAIMS FOR DAMAGES AGAINST US TO MONETARY RELIEF FOR THE ACTUAL DAMAGES SUSTAINED BY YOU AS A DIRECT RESULT OF ANY PROVEN FAILURE IMPUTABLE TO US, PROVIDED THAT SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR TOM CARD AT THE TIME THE IMPUTED EVENT OCCURRED. THIS LIMITATION AND WAIVER WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OF LIABILITY. THAT MEANS YOU WILL NOT TRY TO GET ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE OR PUNITIVE DAMAGES FROM US, EXCEEDING THE ABOVE LIMITATION.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE AND REGULATION, NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE LIMITATIONS SET FORTH IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TIME OUT MARKET CAPE TOWN FOR THE PROVISION OF SERVICES THROUGH TOM CARD.
YOU ACKNOWLEDGE THAT BY USING YOUR TOM CARD YOU HAVE NO GREATER RISK OF LOSS THAN IF YOU PAID US DIRECTLY.
Assignment
We may assign this Agreement in whole or in part without your consent, but you may not assign this Agreement in whole or in part without our prior written consent. This Agreement will bind and inure to the benefit of the respective successors and permitted assigns of Time Out Market Cape Town.
Entire Agreement, Severability, Construction
This Agreement completely and exclusively states the agreement between you and Time Out Market Cape Town regarding TOM Card. This Agreement supersedes and replaces all prior or contemporaneous understandings, representations, agreements or other communications between you and Time Out Market Cape Town, whether oral or written, regarding TOM Card. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, such provision of this Agreement found to be invalid, illegal or unenforceable will be considered eliminated in this Agreement between you and Time Out Market Cape Town to the minimum extent necessary so that the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and economic impact will be substituted therefore. The headings and captions of this Agreement are inserted only for convenience and identification and are in no way intended to define, limit or expand the scope and/or intent of this Agreement.
Governing Law – South Africa
This Agreement shall be governed by and construed in accordance with the laws South Africa.
