8. Limitation of Liability:
8.1 To the extent permitted by Consumer Protection Act No 68 of 2008 (“Consumer Protection Act”) and any other applicable law:
8.2 The participant hereby indemnifies the Organiser against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to the Promotion.
8.3 The Organizer excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
8.4 Save as clearly set out in the promotion specific marketing, the participant acknowledges that no warranties (express or implied) or representations have been made by the Organiser in relation to the Promotion and no liability shall arise against the Organiser as a result of any alleged breach of warranty or misrepresentation.
8.5 The Organiser makes no warranty that the PPC website will meet your requirements or will be uninterrupted or will be interrupted, timely or error-free or that the PPC website or the server(s) that makes them available are free from viruses, errors, faults or bugs.
8.6 Data charges may be incurred by the participant during the redemption process of the Offer and the Organiser will not be responsible for any such costs.
8.7 Network rates apply.
9. General:
9.1 In accordance with the confidentiality policies and practices of the Organiser, none of the entry details of any participant in this Promotion will be disclosed or used by the Organizer for any purposes other than for entry into the Promotion and in accordance with clause 9.5 below.
9.2 The Organiser reserves the right, at any time, to verify the validity of participants (including a participant’s identity, age and place of residence) and to reject any participant who has not agreed to these Terms and Conditions. Errors and omission may be accepted at the Organiser's sole discretion. Failure by the Organiser to enforce any of its rights at any stage does not constitute a waiver of those rights.
9.3 Participants acknowledge and accept that the Organiser shall utilise a third party (the “Organiser’s authorised agent/s”) to contact the participant, in the event that the participant qualifies for the Promotion, and to arrange delivery of the Offer, where applicable. In order to affect the contacting and delivery process, the Organiser’s shall provide the participant’s information to such third party.
9.4 If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Organiser, including but not limited to technical difficulties, unauthorized intervention or fraud, the Organizer reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any participant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
9.5 By participating in the Promotion, the participants agree that the Organizer and its affiliates may contact the participants via email and through social media platforms to deliver marketing communications regarding their products and promotional activities, provided that the Participants are given the opportunity to opt-out of receiving marketing communication at any time via the appropriate opt-out mechanisms provided by the Organizer for such purpose. The Organizer may also use the personal data collected from the participants as described in the Privacy Policy accessible at www.ppc.africa.com and that such use may include transfers to the Organizer’s affiliates and third-party service providers in any country. Details of participants will not be used by the Organizer for PPC related communication should the participants opt-out to receive further communication from the Organizer.
9.6 Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion. In the event however, of any conflict between the advertising material and these Terms and Conditions, these Terms and Conditions will prevail.
9.7 The Organiser may in its sole discretion amend these Terms and Conditions at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Organiser’s website www.ppc.africa The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
9.8 Save as permitted by law, the Organizer reserves the right to cancel, suspend or terminate this Promotion, without notice at any time, and such cancellation, suspension or termination shall be deemed to have taken effect from the date of publication on the Organizer’s website: www.ppc.africa. The Organizer will not be liable for any loss or damages suffered by any participant, winner(s) and/ or third party arising from the cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the Organizer and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Organizer.
9.9 This Promotion is governed by these Terms and Conditions, as well as those of the relevant authorized participating stores, associated with this Promotion.
9.10 Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of South Africa.
9.11 The Organiser accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, , any civil commotion or disorder, riot, threat of war, any .
9.12 If part or all of any clause of these Terms and Conditions is illegal, invalid or unenforceable:
9.12.1 It will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible; and
9.12.2 It will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.