TERMS OF USE AND SECURITY POLICY

TERMS OF USE AND SECURITY POLICY
GENERAL

1. Access to and use of this website is subject to the following terms and conditions. By using this
website, you agree to be bound by these terms and conditions. Twilight Solutions reserves the
right to make any changes to, remove or alter the content of these terms and the website at
any time without notice.
2. All services rendered by or on behalf of Twilight Sales and Marketing (Pty) Ltd t/a Twilight
Solutions to clients and/or clients/members of affiliates (hereinafter referred to as “clients”) are
subject to the terms and conditions set out below and the terms and conditions of the affiliate.
3. Twilight Solutions (Pty) Ltd, located at Unit 104, 4 Perfecta Street, Paarden Island is a marketing
company that provides coupons for competitively priced rates for travel, accommodation,
flights, activities and cruises via its affiliates and other marketing services in line with the
Protection of Personal Information Act 2013 and the Consumer Protection Act 68 of 2008.
4. Clients have access to Twilight Solutions’ website. Clients shall:
4.1. Be entitled to register and activate their coupon;
4.2. Contact the affiliate to set travel, accommodation and/or other service criteria;
4.3. Request how we store information in terms of our privacy policy;
4.4. And further queries related to the above.
5. Any person(s) wishing to utilise Twilight Solutions’ service indicates their acceptance of these
terms and conditions and the terms and conditions of the affiliate available on their website
by proceeding with registering and activating their coupon. Upon doing so, such person is
deemed to have read, understood and accepted these terms and conditions and to have
the authority to do so on behalf of the person/company in whose name the coupon is being
registered.
6. It is agreed that you accept these terms and conditions when you visit our website, register
your coupon or sign up for any of our other marketing related services. If you do not agree
with anything in these terms and conditions, then you may not register and activate your
coupon and use any of the other services. You may not access our website or use our services
if you are younger than 18 years old or do not have legal capacity to conclude legally binding
contracts. By accepting these terms and conditions, you are deemed to have read,
understood, accepted, and agreed to be bound by all its terms.
7. We may change these terms and conditions at any time. Any changes will be placed in a
prominent place on the website or by email. If you do not agree with the change, you must
stop using the services. If you continue to use the services following notification of a change
to the terms, the changed terms will apply to you, and you will be deemed to have accepted
such terms.

PAYMENT

8. We are committed to providing secure online payment facilities. All transactions are
encrypted using appropriate encryption technology.
8.1. Whether the services are by Twilight Solutions or a Third-Party Service Provider, payment
may be made via the following methods (depending on its availability and/or your
eligibility to use such a method):
8.1.1. Debit card: where payment is made by debit card, we may require additional
information in request to authorise and/or verify the validity of payment. In such
cases we are entitled to withhold delivery of services until such time as the
additional information is received by us and authorisation is obtained by us for
the amounts. If we do not receive authorisation, your request for services will be
cancelled. You warrant that you are fully authorised to use the debit card
supplied for purposes of paying for the services. You also warrant that your debit
card has sufficient available funds to cover all the costs incurred as a result of
the services used on the website;
8.1.2. Credit card: where payment is made by credit card, we may require additional
information in request to authorise and/or verify the validity of payment. In such
cases we are entitled to withhold delivery of services until such time as the
additional information is received by us and authorisation is obtained by us for
the amounts. If we do not receive authorisation, your request for services will be
cancelled. You warrant that you are fully authorised to use the debit card
supplied for purposes of paying for the services. You also warrant that your debit
card has sufficient available funds to cover all the costs incurred as a result of
the services used on the website;
8.1.3. Direct bank deposit or electronic funds transfer: if you pay via direct bank
deposit or electronic funds transfer, payment must be made within 30 (thirty)
days.
8.2. You may contact us at info@twilightsolutions.co.za to obtain a full record of your
payment. We will also send you email communications about your payment.
8.3. Once you have selected your payment method (save for direct bank deposit), you will
be directed to a link to a secure site for payment of the applicable booking fee and/or
registration and activation fee for the coupon and/or services.

THIRD-PARTY SERVICE PROVIDER

9. Twilight Solutions will indicate on relevant pages, checkout pages and printed or virtually
issued coupons when services shall be rendered by or are for sale by a Third-Party Service
Provider. In such cases Twilight Solutions only provides the platform to facilitate transactions
between Third-Party Service Providers and clients. Twilight Solutions is neither the buyer nor the
seller of these services unless otherwise specified.
10. The transaction formed on acceptance of your services that are for sale or provided by a
Third-Party Service Provider is solely between the client and such Third-Party Service Provider.
Twilight Solutions is not a party to that sale.
11. The Third-Party Service Provider is solely responsible for fulfilment of delivery of the services. The
Third-Party Service Provider is also responsible to provide an invoice to the client if required.
12. In the event of a dispute between the Third-Party Service Provider and the client, Twilight
Solutions is entitled to become involved in an attempt to resolve it, however, Twilight Solutions
is not obliged to do so and any disputes must be resolved between you and the relevant ThirdParty Service Provider alone.

CONCLUSION OF SALES AND AVAILABILITY OF STOCK

13. Clients may register and activate their coupon, or request services, which Twilight Solutions or
the Third-Party Service Provider may accept or reject. Whether or not Twilight Solutions or the
Third-Party Service Provider accepts the registration and activation of a coupon and/or
purchase of services depends upon receipt of payment or payment authorisation by Twilight
Solutions for the registration and activation and/or booking.
14. Twilight Solutions or the Third-Party Service Provider will indicate the acceptance of your
registration and activation and/or booking for the services by notification that the registration
and activation is complete on the registration and activation page or by delivering the
services to you and only at that point will an agreement of sale for services between you and
Twilight Solutions or the Third-Party Service Provider come into effect (the “sale”). Twilight
Solutions will indicate the rejection of your registration and activation or booking (by Twilight
Solutions itself or the Third-Party Service Provider) by notification on the website or by
cancelling it via email or telephone and, as soon as possible thereafter, refund you for any
amount already paid which is due to you in terms of the terms and conditions of the coupon
and/or booking terms and conditions.
15. Returns are subject to the terms and conditions of the coupon and/or terms and conditions of
the Third-Party Service Provider and its affiliates, which Returns Policy shall be provided to you
or indicated to you prior to payment being made for the booking.
16. Placing services on hold with our Third-Party Service Provider without completing the payment
process by paying the booking fee and any further conditions set out by the Third-party Service
Provider does not constitute a confirmed booking, and as such, the requested services may
no longer be available or the price thereof might change without notice to you. You cannot
hold Twilight Solutions or the Third-Party Service Provider liable if such services are not available
or are not available at the same price or discounted price when you complete or attempt to
complete the payment process at a later stage.
17. You acknowledge that stock of all services on offer is limited and that pricing may change at
any time without notice to you. In the case of services for sale by Twilight Solutions, Twilight
Solutions will take all reasonable efforts to monitor stock levels. However, we cannot guarantee
the availability of stock. When services are no longer available after you have registered and
activated your coupon, Twilight Solutions will notify you and you will be entitled to a refund of
any amount already paid by you for such services.
18. In the case of services for sale by a Third-Party Service Provider, Twilight Solutions relies on
inventory information supplied by the relevant Third-Party Service Provider and Twilight
Solutions accordingly bears no liability for any inaccuracies in the information supplied to it.
Consequently, should you request any services from a Third-Party Service Provider which are
in fact no longer available, any resulting dispute should be resolved between you and the
relevant Third-Party Service Provider.

ELECTRONIC COMMUNICATIONS

19. When you visit the website or send emails to us, you consent to receiving communications from
us or any of our divisions, affiliates or partners electronically in accordance with our privacy
policy available at www.twilightsolutions.co.za.

PRIVACY POLICY

20. We respect your privacy and will take all reasonable measures to protect it, as more fully
detailed in our privacy policy.

LINKING TO THIRD PARTY WEBSITES

21. This website may contain links or references to other websites (“Third Party Websites”) which
are outside of our control. These terms and conditions do not apply to those Third-Party
websites and Twilight Solutions is not responsible for the practices and/or privacy policies of
those Third-Party websites or the “cookies” that those sites may use.
22. Notwithstanding the fact that the website may refer to or provide links to Third Party websites,
your use of such Third Party websites is entirely at your own risk and we are not responsible for
any loss, expense, claim or damage, whether direct, indirect or consequential, arising from
your use of such Third Party websites or your reliance on any information contained thereon.

DISCLOSURE POLICY

23. We aim to keep our website safe for everyone to use, and data security is of the utmost
importance. If you have discovered a security vulnerability in our website or service, we
encourage you to contact us and disclose it to us in a responsible manner.
24. When security vulnerabilities are reported to us in compliance with this policy, Twilight Solutions
will validate and fix such vulnerabilities as soon as reasonably possible, in line with our
commitment to the privacy, safety and security. We will not take legal action against you if
you discover and report security vulnerabilities responsibly in compliance with this policy.
Twilight Solutions reserves all of its rights in the event of any noncompliance with this policy.
25. If you report another type of issue which falls outside of the scope of this policy, please email
us at info@twilightsolutions.co.za. Your issue will be investigated immediately and thoroughly.

REPORTING A SECURITY VULNERABILITY

26. If you think that you have found a security vulnerability in our website or service, please
contact us immediately via email at info@twilightsolutions.co.za. When reporting a security
vulnerability, you must do the following:
26.1. Include as much information as possible in your report, as we require a way to
reproduce the security vulnerability in request to validate and fix it. “Proof-of-Concept”
programs and tool are welcome, and the following information is required:
26.1.1. the URL where the vulnerability occurs;
26.1.2. if applicable, the parameter where the vulnerability occurs;
26.1.3. the type of the vulnerability;
26.1.4. a step-by-step instruction on how to reproduce the vulnerability;
26.1.5. a demonstration of the vulnerability, by screenshots or video; and
26.1.6. if applicable, an attack scenario (an example attack scenario may help
demonstrate the risk and get the issue resolved faster).
27. We’re particularly interested in:
27.1. XSS attacks
27.2. SQL injection
27.3. Remote code execution
27.4. Circumventing permission limitations
27.5. CSRF attacks
28. Do not share your findings with anyone until Twilight Solutions has had adequate time to
investigate and deploy a fix. We will notify you when the security vulnerability has been
patched.

OUR COMMITMENT

29. If you identify a security vulnerability in terms of this policy, Twilight Solutions commits to:
29.1. acknowledge receipt of your vulnerability report in a timely manner;
29.2. confirming the validity of your report; and
29.3. notifying you when the vulnerability is fixed.
30. We will unfortunately not offer any monetary rewards.

AVAILABILITY AND TERMINATION

31. We will use reasonable endeavours to maintain the availability of the website, except during
scheduled maintenance periods, and are entitled to discontinue providing the website or any
part thereof with or without notice to you.
32. Twilight Solutions may in its sole discretion terminate, suspend and modify this website, with or
without notice to you. You agree that Twilight Solutions will not be liable to you in the event
that it chooses to suspend, modify or terminate this website other than for processing any
requests made by you prior to such time, to the extent possible.
33. Twilight Solutions is entitled, for purposes of preventing suspected fraud and/or where it
suspects that you are abusing the website and/or have created multiple registration profiles
to take advantage of a coupon intended by Twilight Solutions to be used once-off by you, to
blacklist you on a database (including suspending or terminating your access to the website),
refuse to accept or process payment on any request, and/or to cancel any request
concluded between you and Twilight Solutions, in whole or in part, on notice to you. Twilight
Solutions shall only be liable to refund monies already paid by you and accepts no other
liability which may arise as a result of such blacklisting and/or refusal to process any request.
34. At any time, you can choose to stop using the website, with or without notice to Twilight
Solutions.

GOVERNING LAW AND JURISDICTION

35. These terms and conditions and our relationship and/or any dispute arising from or in
connection with these terms and conditions shall be governed and interpreted in accordance
with the laws of the Republic of South Africa.
36. Your continued use of the website will constitute your consent to the jurisdiction of the
Magistrates Court for the District of Bellville regarding all proceedings, transactions,
applications or the like instituted by either party against the other, arising from any of these
terms and conditions.
37. In the event of any dispute arising between you and Twilight Solutions, you hereby consent to
the non-exclusive jurisdiction of the Magistrates Court for the District of Bellville notwithstanding
that the quantum in the action or proceedings may otherwise fall below the monetary
jurisdiction of that court.

LIMITATION OF LIABILITY

38. Twilight Solutions and/or its affiliates or its respective suppliers make no representations about
the suitability, reliability, availability, timeliness, and accuracy of the information, products, and
services offered at discounted rates on the coupon for any purpose. All such information,
products, services are provided “as is” without warranty of any kind from Twilight Solutions.
39. Twilight Solutions hereby disclaim all warranties and conditions with regard to this information,
software, products, services and related graphics, including all implied warranties and
conditions of merchantability, fitness for any particular purpose, title and non-infringement.
40. Twilight Solutions cannot be held liable for any inaccurate information published on the
website and/or any incorrect prices displayed on the website.
41. You are encouraged to contact us to report any possible malfunctions or errors by way
emailing us at info@twilightsolutions.co.za.
42. In no event shall Twilight Solutions and/or its suppliers be liable for any direct, indirect, punitive,
incidental, special, consequential damages or any damages whatsoever including, without
limitation, damages for loss, arising out of or in any way connected with the use or
performance of the products or related services advertised on this website, the provision of or
failure to provide services, or for any information, software, products, services, whether based
on contract, tort, negligence, strict liability or otherwise.

NOTICES

43. Twilight Solutions hereby selects Unit 102 Industry Park, 4 Perfecta Street, Paarden Island, 7405
as its address for the service of all formal notices and legal processes in connection with these
terms and conditions (“legal address”). Twilight Solutions may change this address from time
to time by updating these terms and conditions.
44. Notices must be sent either by hand, prepaid registered post or email and must be in English.
All notices sent:
44.1. by hand will be deemed to have been received on the date of delivery;
44.2. by prepaid registered post, will be deemed to have been received 10 days after the
date of posting;
44.3. by email will be deemed to have been on the date indicated in the “read receipt”
notification. All email communications between you and us in this regard must make use
of the “read receipt” function to serve as proof that an email has been received.

INFORMATION

45. For the purposes of the ECT Act, Twilight Solutions’ information is as follows, which should be
read in conjunction with its other terms and conditions contained on the website:
45.1. Full name: Twilight Sales and Marketing (Pty) Ltd, a private company registered in South
Africa with registration number 2010/005816/07
45.2. Main business: sales and marketing
45.3. Physical address for receipt of legal service (also street address): Unit 102 Industry Park, 4
Perfecta Street, Paarden Island (marked for attention: Managing Director and Legal)
45.4. Email address: info@twilightsolutions.co.za
45.5. Third-Party Service Providers’ information is available by contacting customer support
centre at the email address set out above.