Heroes Unite Membership Terms and Conditions
Items in these Terms and Conditions that are of importance or that carry a level of risk for you are in bold. Please pay special attention to these clauses and make sure you understand them. If you don’t understand something, please get us to explain it to you.

Definitions

“Acceptance Date” means the date on which you accepted the Agreement, by way of electronic medium, for example by clicking “I agree” on a web page or via your mobile phone;
“Agreement” means the agreement concluded between you and Heroes Unite, which agreement will be exclusively governed by these terms and conditions and the Privacy Policy and content submission terms;
“Business Day” means Monday to Friday, but excludes Saturdays and a day which is an official public holiday in the Republic of South Africa;
“Business Hours” means the hours between 08h00 and 17h00 on a Business Day;
“CPA” means the Consumer Protection Act, 2008;
“ECT Act” means the Electronic Communications and Transactions Act, 2002;
“Heroes Unite”, “we”, “us” and “our” means Heroes Unite (Proprietary) Limited;
“Heroes Unite Marks” means any trademarks, logos, brand names, trade names domain names or other names or marks of Heroes Unite whether registered or not;
“Intellectual Property Rights” means the copyright in any work in terms of the Copyright Act, No. 98 of 1978, and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, No. 194 of 1993, the rights in respect of a design conferred by the Designs Act, No. 195 of 1993, and the rights in respect of a patent conferred by the Patents Act, No. 57 of 1978 including any applications for the aforegoing and any names, licenses, know-how, trade secrets and data associated with the aforegoing;
“Juristic Person” means a company or close corporation and includes a body corporate, partnership, association or trust;
“Legal Notices Website” means the relevant legal notice page on the Heroes Unite website;
“Purchase Date” means the date upon which you complete your profile with Heroes Unite and are entitled to discounts offered via Heroes Unite;
“Third Party Service Provider” means a third party who provides services to Members via the Heroes Unite website;
“Service” means the membership to Heroes Unite which will entitle you to obtain discounts and/or deals at participating merchants (subject to their own specific terms and conditions) for a period of 12 months from the Purchase Date;
“Subscriber”, “you” or “Customer” means a user of any of our products or services;
“Uncontrollable Event” means (including without limitation) any fire, flood, earthquake, elements of nature or acts of God, riots, civil disorders, rebellions or revolutions in any country or any other cause beyond the reasonable control of Heroes Unite including the termination or suspension of a service or product provided by a third party, that may result in a delay or a failure to provide any product or service;
“VAT” means Value Added Tax as provided for in the Value Added Tax Act, 1991; and
“Website” means www.heroesunite.co.za.
Commencement, Duration, Termination and Cooling-off
The Agreement will commence on the Acceptance Date and endure for as long as you have a profile with Heroes Unite until it is canceled as provided for in this Agreement.
This Agreement incorporates by reference the Website Terms and Conditions and Privacy Policy which have been made available to you on this website and which you undertake to read and understand. If you do not understand anything, please ask us to explain it to you.
Heroes Unite may terminate this Agreement immediately on notice to you for a material breach of this Agreement.
Notwithstanding the termination of the Agreement, in the event that you continue to use the products or services despite the termination of the Agreement, you will remain liable for and promptly pay on demand all amounts that would have been due to Heroes Unite as a result of the use of or access to the product or service and this Agreement shall be deemed to continue to apply until such time as all amounts due to Heroes Unite have been paid in full, and we will be entitled to terminate the agreement at any time.
If the Agreement results from any direct approach to you by Heroes Unite or is an electronic transaction as contemplated in the ECT Act, you will be entitled to cancel the Agreement on written notice to Heroes Unite without reason or penalty within 5 (five) Business Days of:

In the case of services only being provided in terms of the Agreement – the Purchase Date; and
In the case where goods are provided and constitute the subject of the Agreement, whether in conjunction with services or on its own – the date of delivery of such goods.
For purposes of clause 2.5.2, goods include any literature, music, photograph, motion picture, game, information, data software, code, or other intangible product or any license to use such intangible product.

Conditions of Access
Heroes Unite will make the Service available to you on the Purchase Date.
You must be at least 16 (sixteen) years of age to access the Services. If you are under 16 years of age, you are not permitted to use the Heroes Unite Service. By using the Service, you confirm that you are at least 16 years of age. If you are 16 to 17 years of age, you may only sign up to the Heroes Unite Service with the consent of a parent or legal guardian. By using the service you confirm that you have such consent and that you shall abide by and comply with these Terms. If you are 18 years of age or over you confirm that you are fully able and competent to enter into the terms, conditions, obligations, confirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Heroes Unite will, where relevant, issue a user name and password to you prior to the Acceptance Date in order to enable you to gain access to and/or use a service. In such an instance, you will not be able to access and/or use a service without a username and password.
You agree that:

You will use your username and password for your own personal use only;
You will not disclose your username and password to any other person for any reason whatsoever and that you will maintain the confidentiality thereof;
In the event that your password is compromised, you will immediately notify Heroes Unite and change your password;
You, as the holder of the username and password, acknowledge you are solely responsible for all payments in respect of a service charged to your Heroes Unite account, irrespective of whether the service has been utilized or is being utilized by you or not, and accordingly the entire amount outstanding on your Heroes Unite account will be deemed to have arisen from (or relate to) your access to and/or use of a service;
You agree to cause all persons who use any products or services under your account or with your authorization to comply with the Agreement. All acts or omissions of all persons who use services under your account or with your authorization will be treated for all purposes as your acts or omissions;
Heroes Unite also offers a password reminder service. We will send your password to your registered email address or cell phone number should you have forgotten your password. Subscription to this service is voluntary. Password reminders will only be sent to your registered details and should such details change it is your responsibility to notify us;
You will not, at any time, permit and/or initiate a simultaneous network log-in; and
You will not attempt to circumvent Heroes Unite’s user authentication processes or engage in attempts to access Heroes Unite’s network where not expressly authorized to do so.
Service Delivery, Service Availability
Heroes Unite will use reasonable endeavors to make its services available to its Members and to maintain the availability thereof for use by its members. However, we provide the services “as is” and “as available” and do not warrant or guarantee that the services will at all times be free of errors or interruptions, be always available, fit for any purpose, not infringe any third party rights, be secure and reliable, or will conform to your delivery timeline requirements subject always to the provisions of the CPA where applicable.
Heroes Unite will use its best endeavors to notify you in advance of any maintenance and repairs which may result in the unavailability of a service but cannot always guarantee this.
Please note that all discounts are subject to availability and may be for a limited region or duration. Note further that the agreement for the taking up of the discount and the provision of the product or service in relation to such discount is between you and the merchant offering the discount.
You will be required to have one of the devices listed on our Website and have the latest version of our mobile application installed in order to access the Services. Should you change devices or not have the latest version of the mobile application installed and as a result can no longer access the Services, you will not be entitled to cancel the Services without incurring a penalty.

Communication and Dispute Resolution
You agree that Heroes Unite may from time to time send you communications regarding (without being limited to) special offers or discounts which Heroes Unite may negotiate for and offer to its Members, operational changes that may affect the services, and/or new services or products launched. All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications and if you are a consumer as contemplated in the CPA, to pre-emptively block the receipt