Website Terms & Conditions

Introduction

Blue Label Data Solutions (Pty) Ltd (Registration Number 2008/011699/07) ("Blue Label", "us", "we", "our"), is a private company registered in the Republic of South Africa. We own and operate various online sites under various brands, domains and subdomains* (“Sites”).
We are a lead generation and marketing services company. Our business involves procuring and making marketing offers (“Offers”) (and understanding your interest therein) based on appropriate and relevant data, analytics from various service providers for and to our customers and maintaining and growing our database of customers for such services. (“Services”).
We do not supply the goods or services to which the offers relate.
In order to operate the Services, we which own and/or operate various electronic and non-electronic communication platforms for purposes of lead generation and direct marketing.
The electronic communication platforms which we may use, where applicable, include, electronic mail, SMS, WhatsApp and automated voice messages ("AVM"). We also use non-electronic methods of marketing communication which include telephone communication. (together we refer to these as “Communication Platforms”)
Each of the Communication Platforms will refer the recipient thereof to applicable “terms and conditions” and provide a link to these Terms contained on the relevant Site. When you interact on the Communication Platform and/ or visit the Sites these Terms will apply.
These are the terms and conditions (“Terms”) which will apply when you interact with us on any Communication Platform by taking an affirmative step like clicking a tick box or a link, using a USSD code or giving us your details or making an enquiry. They will also apply when you are visiting and/or browsing the Sites of your own accord without having received prior marketing messages via a Communication Platform.
If you do not want to receive marketing offers or do not agree with these Terms, please do not interact further with us, or if you already have and no longer wish to, please utilise the Opt-Out function which will be available in each communication or by visiting our Sites.
These Terms apply to you regardless of the Communication Platform through which you may have access to them and by continuing to interact with us we may rely on your acceptance thereof and we will be entitled to consider your interest in our Servies and or any part thereof as an acceptance of the Terms.

Application of the Terms

We provide the Services via the Sites and Communication Platforms (together referred to as the “User Sites”) to users (“you”) to contract with service providers in various industries and includes marketing and advertising the latest deals, specials and promotions offered by these service providers ("Services"). The Terms contained herein apply to the User Sites.
These Terms are applicable:

where you have elected to visit and/ or use the User Site on your own accord and not in response to a prior marketing message received via a Communication Platform; where you are directed to this User Site in response to a prior marketing message received via an alternative Communication Platform;
where you interact with us via any Communication Platform in response to a communication from us on the Communication Platform;

The application of these Terms will continue to apply unless you choose to Opt-Out from our Services.
To the extent that the Terms may differ on the basis of whether you accessed the User Site directly or as a link from an alternative Communication Platform this will be specifically stated herein. To the extent that no such statement is made, these Terms will be binding on you in the same manner regardless of the method of access to the User Site.

The User Sites

The User Sites are direct marketing campaigns, conducted by Blue Label Data Solutions.
The User Site is an online lead generation Site which enables you to enter your contact information then receive carefully-selected promotions and offers.
You have accessed the User Site to visit and browse or use the User Site of your own accord.

Terms

Please read these Terms, together with our Privacy Policy located at https://blu.deals/privacy-policy.pdf carefully, they will govern our relationship with you in relation to your use of the User Sites and will constitute an ongoing binding agreement between Blue Label and yourself.
NOTE: Please read these Terms carefully. Certain of them (indicated in bold) limit our liability or place liability on you or require you to acknowledge a fact. If you have any queries, please contact us at legal@blds.co.za.

Acceptance of Terms

By accessing the User Site or clicking “I Confirm” or “I Accept” on any User Site or by agreeing to interact on any Communication Platform, you are deemed to have read, understood and agreed to the Terms.
These Terms apply when you visit the User Sites for the first time and throughout your use of the User Sites. The latest version of these Terms applies each time you visit a User Site.
We may at any time change any of the Terms and such changes will supercede and replace any previous Terms. The amended Terms will be made available on the relevant User Site. Each time you access a User Site, you agree to be bound by the Terms, as they have changed.
If you do not accept these Terms, please do not continue to use the User Site. Please note that the Terms stated in this document refer to the use by you of the User Sites and are not related to any commercial agreement concluded between you and any third party pursuant to the use of the User Sites.

Use of Services

1. Before you can take advantage of Offers and/ or use the Services advertised on the User Sites, you must register as a user by completing the questionnaire or reply as directed on the User Site. The User Site prompts will guide you through the process.
When you elect to use the Services, by responding with a clear instruction to be contacted, clicking links to our User Sites in any marketing communications, by dialling USSD codes contained in marketing communications and advertisements and by replying to short codes and/ or, clicking the "I Accept" box attached to these Terms you understand and agree that you have been given an opportunity to read and understand these Terms which apply to your use of the Services which will then be binding on you.
You further acknowledge and understand that the conclusion of any required documentation for use of the Services takes place in an electronic format via the relevant User Sites and that tick boxes or questions, which are ticked / answered by you, constitute agreement to the document and/or provisions to which such tick boxes or questions relate. No further physical signature or documentation will be required in order for agreement to be reached.

Opt-In and Consent

When you register on a User Site and submit your request to be contacted for the advertised offer and click on the agreement to the Terms and Privacy Policy, or you click on the box "Call Me Back" / "Submit" / “Get Quote” / reply YES to an SMS / Dial a USSD code / click on a link to these Terms in any Communication Platform received and or provide any response to communication other than a clear instruction to opt out or provide us with your personal information, you are opting into and providing your consent to receiving marketing communications via SMS, WhatsApp, e-mail, automated voice messages ("AVM") and telephone calls from us and service providers for the Services offered on the User Sites and any other promotions that may be of interest to you.
Offers of Service Providers may include (but are not limited to), insurance products, licenced betting products, credit products, cellphone products, retail products and rental products and all products and services related to the aforesaid. Each category of products and/ or services in respect of Offers made may be subject to specific requirements which can be found in the relevant links.
When you receive marketing communications, you will always be given the option to opt out.
Should you decide to opt out of all or any direct marketing received from us, you can either click on the following link www.blds.co.za/opt-out or register on the national "Do Not Contact" list which can be found on www.nationaloptout.org
Depending on the Services being offered on the User Site, the service provider may require consent for specific actions, like a credit check, exchange of information with relevant third parties, including credit bureaus or alternative verification agencies. If you have ticked the box agreeing to such specific actions being conducted, you are consenting to have your personal information sent to relevant third parties, including, where applicable, a credit provider and/or credit bureau for purposes of checking your credit profile and/ or verifying your information.

Offers and Third-Party Service Providers

We may use your information to provide you tailored offers from third-party service providers. Where services are supplied by our third-party service providers, we may be required to share information collected from you with our service providers, and we will do so strictly in accordance with our privacy policy and applicable laws.
We may facilitate your access to the services but may use third-party service providers to provide you with your required service or product. You understand and acknowledge that, when you sign up for credit offers & you choose to buy from our service providers via the User Sites, you are entering into a direct relationship with the relevant service provider and you will be subject to the relevant service provider’s terms and conditions as well as applicable laws, including the National Credit Act and the Financial Advisory and Intermediary Services Act. We are not a party to your contract with the service provider and will bear no obligations to you in relation to the services or products provided by the service provider.
We will always verify your information with credit bureau when you sign up for credit offers & provide us with a South African identity Number in order to reduce fraud and confirm the information provided is correct and accurate.
We do not assume responsibility for the service levels of any third-party service providers, whether in relation to accuracy, timeliness, non-delivery or failure to store any personal information or user settings or any other reason whatsoever.

Personal Information

When you submit your personal information on the User Sites to qualify for the Services, you understand and agree that we will use your personal information as you have given it to us, including your South Africa Identity Number in order for our Service Providers and their representatives to determine if you are a suitable candidate for their Services. This may include verification, deduping and/ or the conduct of data analytics in respect of the information you have given us.
We respect and understand the importance of your personal information and will ensure that it is stored securely and is only used as described in these Terms and our Privacy Policy.
Our Privacy Policy will apply when you use the User Sites, interact with Us, you understand and agree that we will use your personal information to send you marketing communications through various Communication Channels depending how you have interacted with us and this may include electronic marketing like, SMS, WhatsApp, e-mails, AVM and telephone calls.
Customer Database

When you interact with us on a User Site and/ or respond to an offer affirmatively and/ or submit a request to us, you will be using our Services and will be added to our customer database as a customer of BLDS.
Where your details are already contained on our customer database, we may update them with details of your further communications with us and / or your further use of the User Sites and/ or interactions on any Communication Platform.
You may always ask to be removed as a customer from our database or opt out of any particular Services by contacting us at complaints@blds.co.za or visit blds.co.za or following the relevant link in the communication you receive.

Use of User Sites and Services

By accessing the User Site and using the Services, you warrant and represent to us that you are over 18 (eighteen) years of age and legally entitled to do so and have the required legal capacity to conclude legally-binding transactions.
When you give us your personal information, you hereby warrant, undertake and represent that you will enter only true and correct personal information and that we shall be entitled to rely on the correctness thereof. You understand and agree that we do not review or purport to review any submitted information and we reserve the right to suspend or terminate your access to the User Site and Services without further notice to you and you will not have any claim against us if we choose to terminate such access.
You may only use the User Sites to browse the content and enter legitimate information for your personal use. The User Sites and any content provided on it may not be copied or distributed, reproduced, republished, uploaded, posted, transmitted in any way whatsoever for commercial purposes.
You warrant that you will not use the User Site, the Services and/or the content or any information made available or sent to you by us pursuant to your use of the User Site for any purpose that is unlawful or prohibited under South African or international law or is in contravention of these Terms and you hereby indemnify us accordingly.

When you visit the User Sites, we may make use of "Cookies" to automatically collect information and data about you as a user. If you do not want information collected by means of Cookies, please disable the use of Cookies in your web browser.
Cookies may, however, be necessary to provide you with certain features available on the User Sites and Services. If you disable Cookies, you may not be able to use these features and your access to the User Sites and Services will be limited.

Security

We will take all reasonable technical and organisational measures to protect any information transmitted over the User Sites. We do not, however, guarantee the security of any information transmitted online to us and you accept the risk of providing information on the User Sites.

Third Party Content and External Links

The User Sites may include products or content, advertisements from third parties or external links to other websites having their own content, or any other third-party content ("Third Party Content").
You acknowledge that the Third-Party Content:

is beyond our control and that any reliance on any representation, statement or information contained in the Third-Party Content is at your own risk;
is not verified by us and we do not determine or guarantee its lawfulness, accuracy or reasonableness; and
may contain representations, statements or information which does not represent the views, opinions or beliefs of Blue Label Data Solutions, its associates, directors, employees or affiliates.

We are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any such Third-Party Content. Any reliance or use of such Third-Party Content is at your own risk.
Third Party Content may be subject to additional terms and conditions. It is your responsibility to read and adhere to such additional terms and conditions, including the terms and conditions of that third-party website.

Content

While we make every effort to update the information provided on the User Sites on a regular basis, we make no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any content on the User Sites.
We reserve the right at any time to change or discontinue without notice, any aspect or feature of the User Sites and any Services and/or content offered on the User Sites.

Maintenance

We will use our reasonable efforts to maintain the User Sites. The User Sites are subject to change from time to time. You will not be eligible for any compensation should your use of any part of the User Sites be affected in anyway and or because of a failure, suspension or withdrawal of all or part of the User Sites due to circumstances beyond our control.
We may:

modify or withdraw, temporarily or permanently, the User Sites (or any part thereof) with or without notice to you and you agree that we will not be liable to you or any third party for any modification to or withdrawal of the User Sites; and
change these Terms from time to time with or without notice to you, and your continued use of the User Sites (or any part of it) following such change will be deemed to be your acceptance of the change.

Changes to the Terms and the latest version thereof in force at the time you use of the User Sites will be the version applicable to you.

Monitoring

We hold the right in our sole and absolute discretion, to monitor any activity and content associated with the User Sites. We may investigate any reported violation of these Terms or complaints and take any action that we may deem appropriate which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access, or the removal of any materials from the User Sites.

The Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose courts will have exclusive jurisdiction in any dispute.

Electronic Communications

When you visit the User Sites or send responses to us via other Communication Platforms or e-mail us, you are communicating with us electronically. Your communication via and/ or use of the User Sites will be deemed your consent to receive communications from us electronically which will allow us to communicate with you via e-mail, SMS, WhatsApp or any other electronic means. To the extent allowed in terms of the law, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, satisfy any and all legal requirement that such communications be in writing.

Intellectual Property

All content included on the User Sites, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected by international intellectual property laws.
All software used on the User Sites is our property or that of our software suppliers and is protected by international intellectual property laws.
The registered and unregistered trademarks, names, logos and service marks displayed on the User Sites belong to us or third parties who give us permission to use them. Nothing contained on the User Sites, except as expressly stated in these Terms, will be construed by you as the granting of any license or right to use any trademark without our prior written permission. All rights in and to the content and trademarks are reserved and retained by us or our content suppliers. You further acknowledge that we, or our content suppliers are the proprietors of all the content and trademarks on the User Sites, whether it constitutes confidential information or not, and that the you hold no right, title or interest in any such material.

Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, AND/ OR PRODUCTS INCLUDED ON THE USER SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE USER SITES AND THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
WE DO NOT WARRANT THAT THE USER SITES, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A USER SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
NEITHER US NOR OUR DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, AS TO THE OPERATION OF THE USER SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON A USER SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE USER SITES IS AT YOUR SOLE RISK. IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OFFICERS, OR OUR SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE USER SITES, OUR SERVICES OR THE TERMS AND CONDITIONS (HOWSOEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE).

ECT Act Disclosures

Access to the content on or through the User Sites and any other Communication Platform used are classified as “electronic transactions” in terms of the Electronic Communications and Transactions Act (No. 25 of 2002), as amended from time to time (“ECT Act”), and therefore you have the rights detailed in Chapter VII of the ECT Act and we have the duty to the disclose the following information:

Our full name and legal status: Blue Label Data Solutions (Pty) Limited (blu.deals / blds.co.za)
Street address: 75 Grayston Drive, Sandton, 2195
Postal address: P.O. Box 652261, Benmore, 2010
Physical address for receipt of legal service: 75 Grayston Drive, Sandton, 2195
Main business: Direct Marketing
Website address: http://www.blds.co.za/
Website address: http://www.blds.co.za/
Membership of self-regulatory or accreditation bodies: Direct Marketing Association of South Africa (DMASA), Wireless Application Service Providers' Association (WASPA)
Governing terms of use: These Terms and our Privacy Policy
Manual in terms of the Promotion of Access to Information Act 2 of 2000: Please contact legal@blds.co.za.
Management: Pierre Roux
Costs associated with the access to and use of the Service: There are no costs associated with accessing the Service
Dispute resolution and complaints: Please contact legal@blds.co.za in the event of a complaint or dispute.

TERMS AND CONDITIONS (“Terms”)