Introduction
These terms and conditions (T's and C's) are our user agreement with you, and they regulate all the associated interactions we have with you in relation to the King Price website (site), self-service portal (SSP), mobile app (app) and services relating to the use thereof, including the use of our WhatsApp channel (the services).
This doc serves to introduce you to the various T's and C's which become applicable to your relationship with us in relation to:
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The use of our site, SSP, app and WhatsApp
The T's and C's for the use of our site, SSP, app and WhatsApp.
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Pivacy and data protection
Our
privacy policy
and
cookie policy.
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Our products
Our general insurance and product terms and conditions.
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Competitions and promotions
The
T's and C's
for our campaigns, competitions and promotions.
The interactions regulated by these T's and C's are:
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Your access to and use of the services defined above and provided by the King Price group of companies (King Price, we, us and our).
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Your access to, and use of, the services associated with our site, SSP, app, and WhatsApp channel, the accessing of the info published on our app, applying for products or services, making use of the payment functionality, as well as participating in campaigns, competitions and promotions which we run from time-to-time.
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Our processing and sharing of your info in order for you to apply for products and/or services, as well as to enable us to deliver such products and/or services to you.
The use of the defined services defined
If applicable, your attention is drawn to the provisions of the clauses below which:
- Limit in any way the risk or liability of King Price or any other person.
- Constitute an assumption of risk or liability by you.
- Impose an obligation on you to indemnify us or any other person for any cause.
- Constitute an acknowledgement of any fact by you.
We reserve the right to amend these T's and C's at any time, and such changes will become effective when they're posted to our site or on our app. Your continued use of the services will represent your agreement to be bound by these T's and C's. We therefore recommend that, when you make use of the services, or access our app or the site, you regularly read these T's and C's.
Access to our site
By accessing and using the site and services and, in particular, indicating your acceptance of these T's and C's, you agree to be bound by them. The content of the site is proprietary to us and/or otherwise used in terms of a written licence agreement between King Price and the proprietor of such content. As such, when you visit our site, we give you a limited licence to access and use our info for personal use.
You may download a copy of certain info on the site to your personal device, for your personal use only, and provided that you don't delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under applicable intellectual property legislation, you're not permitted to copy, reproduce, republish, distribute or display any of the info on the site, without our prior written permission.
The licence to access and use the info on our site also doesn't include the right to use any data mining robots or other extraction tools. The licence also doesn't permit you to metatag or mirror our site without our prior written permission.
We reserve the right to serve you with a notice if we become aware of your metatag or mirror our site without our prior written permission, we reserve the right to take appropriate legal steps in order to protect and enforce our rights.
Access to our app
When you install, download and use our app, you may be required to accept additional T's and C's which are applicable to our app, as well as the end-user licence agreement (the EULA) of certain third party suppliers or vendors. While the EULA of a third party supplier or vendor is independent from these T's and C's, and establishes a separate legal relationship that you're bound by, you agree that any applicable T's and C's set forth herein and relating specifically to our app, as well as independent T's and C's of use for our app and the EULA, will apply to your use of our app.
By accessing and using our app and services, and in particular indicating your acceptance of these T's and C's, you agree to be bound by them. The content of our app is proprietary to us and/or otherwise used in terms of a written licence agreement entered into between us and the proprietor of such content. As such, when you visit our app, we give you a limited licence to access and use our info for personal use.
You're permitted to download a copy of certain info on our app to your personal device, for your personal use only and provided that you don't delete or change any copyright symbol, trademark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights. Except as permitted under applicable intellectual property legislation, you're not permitted to copy, reproduce, republish, distribute or display any of the info on our app, without our prior written permission.
The licence to access and use the info on our app also doesn't include the right to use any data mining robots or other extraction tools. The licence also doesn't permit you to metatag or mirror our app without our prior written permission.
We reserve the right to serve you with a notice if we become aware of your metatag or mirror of our app without our prior written permission, and we reserve the right to take appropriate legal steps in order to protect and enforce our rights.
Contractual capacity
You warrant that you're at least 18-years-old and have the necessary contractual and mental capacity to enter into and be bound by these T's and C's. Where you act on behalf of a legal entity, you warrant that you have the necessary authority and capacity to enter into and bind them to these T's and C's.
Communications with you
When you use the services, you opt-in to the use of various electronic communication channels, including email, SMS and WhatsApp. All info records that you send to us using any
of these forms of electronic communications may be stored electronically by us, as well as the providers of the relevant channel, for example WhatsApp. We take reasonable steps
to ensure that any third parties, with whom your info is stored, are bound by acceptable confidentiality obligations. However, it's your responsibility to familiarise yourself
with WhatsApp's
T's and C's
and
privacy policy.
Any electronic communication, including, email, SMS, WhatsApp or telephonic messages sent to you will be considered as having been received by you when such communication is sent, unless the contrary is proven. This may include, but isn't limited to, app push notifications. As such, it's your responsibility to provide, at your own expense, any access to the internet, data or any required devices for purposes of such electronic communication.
If you don't wish to communicate with us via any specific channel, you may
email us
to opt-out and change your communication preferences. Please note that for operational, contractual and regulatory compliance reasons, you can't opt out of certain channels of communication as we're legally required to use them to share material info about your policy with you.
Although we take all reasonable steps to protect your personal data and maintain confidentiality, we can't guarantee the security or integrity of any info you transmit to us online and specifically through the use of social media platforms such as WhatsApp. Your use of any third party platform is subject to the T's and C's applicable thereto, and you agree that you do this at your own risk. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirements for such communications to be in writing.
Your account
Our site and app offer various services, including the access to use of the self-service portal, as well as info pertaining to King Price, our products and services, as well as your ability to participate in campaigns, competitions and/or promotions which we run from time to time. The use of any of these services is at your own risk.
If your use of our services requires you to create an account, you're obliged to keep your access details (including your username and password) confidential and not allow other people to use them. You accept full responsibility for all activities that occur under your unique access details or password and accept responsibility for sharing your username and password. You're only permitted to use 1 account and, if you use more than 1 account, we reserve the right to revoke all your access to our services.
Once you've logged onto our site or app, certain info, functionalities and other features of those services will be accessible to you the next time you visit, without having to re-enter your password. You acknowledge and agree that the following actions are material breaches of these T's and C's:
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Signing in as, or pretending to be, another person.
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Transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others.
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Using the services in a way that's intended to harm, or could result in harm, to you or to other users of our services.
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Gathering info, and specifically personal data, about others without getting their prior written consent.
You also agree that any use of your access details shall be regarded as if you were the person using such info.
Complete disclosure of facts
As you know, we may need you to disclose certain personal data to us. It's always in your best interests to keep this info accurate, current and complete and as such, you guarantee that all info provided to us will be true, accurate, current and correct, and you undertake to update the info regularly, as well as if and when required. You guarantee that you've fully disclosed all facts and agree that your failure to do so will result in a material breach of these T's and C's, as well as any other agreements which relate to them.
Third party products and services
At our discretion, our services may include references to, or facilitate access to, products offered or services rendered by third parties and may provide links to the websites and/or web-applications (collectively referred to as sites) of third parties. These third party service providers and their sites have separate and independent T's and C's and privacy policies applicable to their products, services and respective sites. We bear no responsibility or liability for the products offered or services rendered by such third parties, or the content and services provided through or by means of their respective sites, regardless of whether such site bears our corporate branding or not.
We make no warranties or representations whatsoever regarding the products offered or services rendered by any third party or the content or activities of third party sites that may be accessed or used through or by means of our app and services. You acknowledge that we merely facilitate your access to such third parties' products, services or sites and don't offer the products or render the services of such third party to you.
You acknowledge that neither we, nor our directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content of a third party, as well as any functionality of their sites and the products offered or services rendered through or by means thereof, or of any linked site, even if we're expressly told about it.
Use of our app and services
In order to use our app, you must download our app from the Google Play Store, Huawei AppGallery, or Apple App Store (online store/s). When you download our app in its device-native format from the relevant online store, you accept any applicable T's and C's associated with access to and use of the online store.
You may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the content of our site, app or any of the services. You may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to our services without our prior consent.
We reserve the right to make any changes or modifications, as well as to discontinue any aspect of our services, without prior notice to you. No such change, suspension, modification or discontinuance shall entitle you to any compensation or give rise to any liability whatsoever.
You agree that you'll only use our services in accordance with these T's and C's, including any T's and C's incorporated herein by reference or applicable to the online stores from which you downloaded our app. The display of content via our site or app may differ depending on the device you are using to access and make use of our services.
You may not post content on our site or app that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language. We reserve the right to occasionally restrict your access and/or use of our site, app and/or services to carry out repairs, maintenance or to introduce new functionality and/or services. We do, however, try to keep any disruption in the use of our services to a minimum.
With that said, you agree not to:
- Use our services to process personal data of third parties. However, if this is the case, for instance when you refer friends to us, you warrant that you've got the required consent from them to do so.
- Violate the privacy of any person in order to, or attempt to, gain unauthorised access to King Price and/ services, including, but without limitation through hacking, password mining or any other means.
- Use our services to engage in any illegal or unlawful activity.
- Employ automated electronic or mechanical processes designed to negatively affect the performance of our site or app, and associated services.
- Utilise our app in a manner that disrupts our normal operations.
- Attempt to gain unauthorised access to our programming, coding or infrastructure.
- Circumvent, disable or otherwise interfere with security-related features or features that prevent or restrict the use or enforce limitations on the use of our services.
If you engage in any of the aforementioned activities, or breach any of the provisions of these T's and C's, we shall be entitled, without prejudice to any other rights you may have and without prior notice to you:
- Suspend your access to and use of our services.
- Restrict or limit the use of our services.
- Terminate the agreement set forth in these T's and C's and recover all costs incurred by us.
Use of our app in its device-native format
The provisions of this clause shall only apply if you download and use our app in its device-native format. You may only download and use our app if your device meets the requirements specified for our app as per the info shown on our app's interface or as set out on the relevant online store's T's and C's, and if your device has the latest version of the relevant operating software installed on it.
You must ensure that you use the latest version of our app at all times, whether notified by the relevant online store or not and you undertake to regularly check whether you are using the latest version of our app. If you don't install the latest version of our app, it may not function correctly, or it may experience security and/or data flaws, for which we won't be liable under any circumstances.
Upon acceptance of these T's and C's by downloading our app in its device-native format, we grant you a non-exclusive right to use our app, which you may not assign, sub-licence or transfer. This right is granted to you only and won't confer any rights of use of our app to any third party.
The licence will start as soon as our app is downloaded by you in its device-native format to your device and will terminate upon the deletion of our app from your device, or if terminated by you in accordance with these T's and C's.
Uptime
We've taken all reasonable steps to ensure the uptime of our site and app. There will be downtime from time to time, however, due to maintenance and upgrade issues. We won't be liable if our app becomes unavailable for any reason.
Phishing and spoofing
Please take special note that if you receive any unsolicited communications, including electronic communications, that appear to be from us and that ask you to provide personal data (such as any financial info, credit card number, username or password), or that ask you to verify and/or confirm your info by clicking on a link, it's most likely that such communication was sent by someone who has sinister intentions or is attempting to gain access to your personal data illegally.
We don't ask for this type of data by means of electronic communications and as such we ask you not to respond to these types of communications or click on any link. Doing so will place you and your personal data at risk and we won't be held responsible for any consequences resulting from your response to any such communication.
Intellectual property rights
All content made available through our services (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and where applicable, software) belongs to us, or is alternatively used in terms of to a licensing agreement between us and the third party proprietor of such content. Any unauthorised use, alteration or dissemination of the info or content published by King Price is strictly prohibited.
You expressly acknowledge that no content or info displayed through our services may be regarded or construed as granting any licence or right to any third party, including to you, to use any trademark without our prior written consent and approval.
Although we've deployed reasonable technical and organisational measures to protect the info we process, you acknowledge that we can't be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of info by third parties copying info off our site or app.
The copyright to all content published by King Price, including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on our site or app are either owned by us or we have a licence to use them. Your access to our services doesn't licence you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (comments) which you provide to us through the use of our services becomes our property. If in future we use your comments in promoting our services or in any other way, we won't be liable for any similarities which may appear from such use.
Furthermore, by providing us with comments you agree that we're entitled to use your comments for any commercial or non-commercial purpose without compensation to you or to any other person who transmitted your comments. If you provide us with comments, you acknowledge that you're responsible for the content of such material including its legality, originality and copyright.
Limitation of liability
You expressly acknowledge and agree that the applicable laws governing you shall at all times be applicable to the services.
The services and all content relating thereto, including any current or future offers, products or services, are provided on an ‘as is' basis, and may include inaccuracies or typographical errors. We make no warranty or representation as to the availability, accuracy or completeness of the content. Neither we, nor our affiliates, directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or our services, or of any linked site, even if we're expressly told about it.
Neither you or any other person shall have any claim against us for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business info, loss of data or other pecuniary loss, arising from the unavailability of the services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if we were negligent.
We therefore don't guarantee that our services, the info, content, tools or materials included on our site, app, our servers, and any electronic communications sent by us will be free from viruses or other harmful components. We won't be liable for any damages of any kind arising from your use of our services or from any info, content, tools or materials included on or otherwise made available to you through our services, including for direct, incidental, punitive and/or consequential damages.
Although we're committed to providing you with the best possible service, we won't be responsible for:
- Any of the events described above.
- Any actions or omissions by you that result in a breach of the provisions of these T's and C's.
- Any links to other websites or web-applications from our site or app. You also acknowledge that we can't control the content of, or the products offered on, any third party sites.
- A denial of access to the site or the services, if we believe or have reason to believe that you're conducting activities that are illegal or abusive, or would attack the integrity of our site or app, or put King Price in disrepute.
- Your reliance on any of the services, info, content, tools or materials that you obtain or gain access to from the use of our services.
Indemnity
By accessing and/or engaging with our site or app, and using the services, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our services.
We're not responsible for any mistake in the performance of any calculators and/or interactive tools used in the calculations. All products and services provided through the services defined in these T's and C's are subject to the T's and C's relating to them, at the time of finalising any transactions.
Disclaimers
While we take all due care in providing our services, we don't provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose. To the extent permitted by law, any condition or warranty which would otherwise be implied into these T's and C's is excluded.
We also take all due care in ensuring that the use of our services is as safe and secure as possible. However, we're not responsible for any damage to your device which may arise in connection with your use of our services or any linked website. A quote generated through the use of our services will constitute neither an automated transaction nor an irrevocable offer.
You acknowledge and understand that the info provided through the use of the services won't be regarded as financial advice and, if you require any financial services or financial products, you must contact your financial adviser or speak to 1 of our call centre agents.
Governing law
Our site and app are controlled, operated and administered by us within South Africa. Access to our services from territories or countries where the use of the services is illegal, is prohibited.
You may not use our services in violation of applicable South African laws and regulations. If you access our services from locations outside of South Africa, you're responsible for compliance with all local laws.
These T's and C's are governed by the laws of South Africa. If any of the provisions of these T's and C's are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these T's and C's, and the remainder of these T's and C's shall continue in full force and effect. These T's and C's, as well as any other relevant terms and conditions constitute an agreement between us and you with regard to the use of our services.
Our info and how to contact us
Address
Menlyn Corporate Park
Block A
Cnr Garsfontein Road & Corobay Avenue
Waterkloof Glen X11
0181
Email
Phone
Data protection and access to info
Privacy policy and PAIA manual
To ensure that our position in relation to our data protection , privacy compliance and info access practices are clearly communicated to you, we ask that you read and
acknowledge the terms of our
privacy policy
and the provisions of our
PAIA manual
see how we categorise our records and are able to afford access to info records.
Cookie policy
When providing the services, we seek to make your access to such services easy, useful and reliable. This sometimes involves placing small amounts of info on your device. These are called ‘cookies'. These cookies can't be used to identify you personally, and are used to improve your access to, and use of, the services. To learn more about our use of passive means of data processing, such as the use of cookies, please make sure that you read and acknowledge the terms of our
cookie policy.
Our products
The T's and C's associated with you becoming King Price clients are set forth in our King Price policy document (KPPD) and you accept these T's and C's when you become a client. In addition, depending on which products your policy includes, product-specific T's and C's will apply.
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Our personal lines KPPD can be found
here.
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Our business insurance KPPD can be found
here.
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Our agri insurance KPPD can be found
here.
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Our community insurance KPPD can be found
here.
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Our engineering insurance KPPD can be found
here.
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The KPPDs for our stand-alone agri products can be found
here (hail);
here (income guarantee);
and
here (fruit).
Code red
Introduction
- King Price has partnered with Secura in order to access Secura's network of sub-contracted emergency and armed response service providers, so that we can provide code red panic assist via the King Price app to anyone who's registered for code red, subject to their up-to-date payment of the agreed premium.
- By registering to use code red, it's understood that you've accepted these T's and C's, and agree to be bound by them.
Start date, renewal and cancellation
- The start date is the date when you download our app, register for code red, accept these T's and C's, and pay your first monthly or pro rata premium.
- Please click here to refer to the ‘Things you need to know' section in our King Price Policy Document (or KPPD, as we like to call it) for payment and cancellation details.
How code red works
- If you feel physically threatened, open up our app and tap on ‘Code red: Tap and hold'.
- The code red control room will dispatch the closest linked armed response car to your GPS location, and will then call you to confirm the activation and request additional emergency services, like the police or an ambulance, if necessary.
- The control room and all responding cars will automatically receive your relevant ID and personal info.
- You're not covered for any costs levied by any emergency service that's dispatched as a result of you activating code red.
Your responsibilities
For code red to work:
-
You must install the King Price app onto your smartphone, and can do so by clicking here.
For Apple devices, the app requires iOS version 8.1 and above. For Android devices, the app requires Android 4.4 and above.
- On our app, you must read and accept the T's and C's, and then register for code red.
- Your phone must be GPS-enabled, and your phone's location must always be on.
- We may verify this location info with your network service provider if necessary.
- You must have data on your phone, and this is for your account. Your service provider's standard data rates will apply.
Your consent
By accepting these T's and C's you:
- Allow your network service provider, King Price, and the sub-contracted emergency and armed response service providers to access the location (GPS) info sent by your phone.
- Acknowledge that code red is only available within South Africa. You're covered in all major metros and sub-metros and many outlying areas. It's your responsibility to familiarise yourself with these areas, and you can do so by clicking here or checking the King Price app. Code red services are only available in these areas and we're not obliged to respond to code red activations in any other areas.
- Agree that we can collect, store and analyse data from your phone, arising from your use of code red. Location data from your cellphone will be gathered and securely transmitted to our data storage facility, where it'll be securely stored. This data will be used for lawful and valid reasons, primarily to provide code red services to you.
The nitty gritty
- For now, only you're covered but we're working on extending this cover to members of your household.
- You have unlimited access and can activate code red as many times as you need to, provided that you don't abuse the service.
- By subscribing to, and using, code red, you give consent for us, Secura, and all sub-contracted emergency and armed response service providers, to access your personal info and location via your phone's location service, when you activate code red.
- Code red aims to provide support, if possible, in circumstances where you feel physically threatened. It isn't intended to reduce any physical threat to you and shouldn't be viewed as a preventative measure.
- We can't guarantee response times, or access to and availability of, responding cars and services.
- The Secura armed response network is PSIRA-registered (Private Security Industry Regulatory Authority).
- King Price, and our holding companies, affiliates, service providers, sister companies, and our respective shareholders, directors, employees and agents, have no liability to you or any other party for any injury, death, loss, expense, cost or damage that may be incurred or suffered, whether directly, indirectly or consequential, from your usage of code red or any non-availability of code red services.
- You indemnify King Price, and our holding companies, affiliates, service providers, sister companies, and our respective shareholders, directors, employees and agents, and keep indemnified parties harmless at all times, against all injury, death, liability, loss (including consequential loss), cost and damage that may be suffered by you or any third party, that arises from or in connection with code red, whether or not these can be attributed to any act or omission of the indemnified parties, negligent or otherwise.
- Use of the King Price app and the related products and services is governed by, and construed in all respects in accordance with, the laws of South Africa, and is subject to the exclusive jurisdiction of the South African courts.
- Use of the King Price app, or the info, products and services available on the app, is at your own risk.
- Notwithstanding the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, King Price accepts no liability relating to any loss, expense, claim or damage, whether direct, indirect or consequential, arising from the info on the King Price app, your use of the app, or any resulting actions or transactions, even if we've been advised of the possibility of such loss, expense, claim or damage.
- King Price makes no representation or warranty, whether express or implied, as to the operation, integrity, availability or functionality of the King Price app, or as to the accuracy, completeness or reliability of any info obtained from the app.
- King Price makes no warranty or representation, whether express or implied, that the products, info or files available on the King Price app are free of viruses, destructive materials or any other data or code that's able to corrupt, compromise or jeopardise the operation or content of operating systems, a computer system, computer network or your hardware or software. You accept all risks associated with the existence of such viruses, destructive materials and any other data or code.
- King Price accepts no responsibility for any errors or omissions on the King Price app.
- King Price may, at our discretion and at any time, suspend or terminate the operation of the King Price app or any of the products or services provided on the app, without prior notice.
- Every clause of this agreement is severable from the others including the section headings. The section headings have been inserted for convenience and won't be taken into consideration in the interpretation of the clauses. If 1 or more of the clauses are invalid, it doesn't mean the entire doc is invalid. The other clauses will still be valid and apply.
Our competitions and promotions
From time-to-time, you'll be able to participate in specific competitions and promotions (competitions) which we offer. These competitions are subject to certain T's and C's which regulate:
- Who can enter.
- How participants can enter.
- How the competition works.
- The competition rules.
- The period of the competition.
- The prizes.
- Competition T's and C's.
All the competitions that we run from time-to-time, are subject to the competition's T's and C's. By entering or participating in any competition, you agree to be bound by these T's and C's, as well as the provisions of our privacy policy.
All current competition T's and C's can be
found here.
Amendments
- We may, at our discretion and at any time, amend or add to these T's and C's. On doing so, this document will be updated, and you'll be notified.
- If you don't agree with the amendments, and you don't let us know about your intention to end the agreement and continue to use code red, we'll assume that you've accepted the amended T's and C's.
- Unless we say otherwise, the most recent version of these T's and C's will replace all previous versions.